Citation : 2026 Latest Caselaw 1273 UK
Judgement Date : 19 February, 2026
2026:UHC:1120-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE THE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA
AND
HON'BLE SRI JUSTICE ALOK MAHRA
19TH FEBRUARY, 2026
WRIT PETITION (M/B) NO. 872 OF 2025
M/s Astitva Anantraj Enterprises ......Petitioner.
Versus
State of Uttarakhand & others ....Respondents.
Counsel for the Petitioner : Mr. A.S. Rawat, learned Senior Counsel
assisted by Mr. Girveer Chand, learned
counsel.
Counsel for the State : Mr. C.S. Rawat, learned Chief Standing
Counsel with Mr. Yogesh Chandra
Tiwari, learned Standing Counsel.
JUDGMENT :
(per Mr. Manoj Kumar Gupta, C.J.)
1. Heard Mr. A.S. Rawat, learned Senior Counsel
assisted by Mr. Girveer Chand, learned counsel for the
petitioner and Mr. C.S. Rawat, learned Chief Standing
Counsel with Mr. Yogesh Chandra Tiwari, learned Standing
Counsel for the State.
2. The present writ petition has been filed praying
for a writ of mandamus commanding the respondents to
forthwith issue formal Government Order/ approval in
favour of the petitioner for commencing mining operations
in Kotiyalgaon, Yamuna River Mining Lot, Tehsil Barkot,
District Uttarkashi in pursuance of the Letter of Intent dated
13.02.2024 and the subsequent compliance made by the
petitioner.
2026:UHC:1120-DB
3. The case of the petitioner is that it was declared
successful bidder in E-tender-cum-auction held on
16.12.2023 for allotment of mining lots along River Yamuna
at Kotiyalgaon, Barkot. Thereafter, the Letter of Intent was
issued on 13.02.2024. The demarcation of the mining lot as
per conditions of the Letter of Intent was issued for
approval of Chugan lease of sub-mineral sand, gravel
boulder in favour of Mr. Vinod Dobhal, the proprietor of the
petitioner- firm. Thereafter, other formalities were also
completed, as were required of the petitioner. The
petitioner has also deposited Rs.26.00 Lakh by way of
security on 08.08.2024, however, till date, the respondents
have not issued the formal Government Order and have
thereby deprived the petitioner to commence the mining
operations.
4. A counter-affidavit has been filed on behalf of
respondent no.1, in which, the afore-said facts have not
been denied. It is stated that the matter is pending
consideration at the Government level.
5. If the Letter of Intent was issued way-back on
13.02.2024, we find no good reason on part of the State to
not take final decision in the matter and sit over it for such
a long period.
2026:UHC:1120-DB
6. Learned Chief Standing Counsel submits that the
State would take decision within four weeks.
7. Accordingly, the instant writ petition is disposed
of with a direction to respondent no.1 to take final decision
in respect of grant of approval on basis of the Letter of
Intent dated 13.02.2024 within four weeks from today.
8. Learned Chief Standing Counsel will
communicate the instant order to the respondents for
necessary compliance within a week.
9. Pending application, if any, also stands disposed
of.
MANOJ KUMAR GUPTA, C.J.
ALOK MAHRA, J.
Dated: 19th February, 2026 NISHANT
NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A055CFD19616905604 87E670C, cn=NISHANT KUMAR Date: 2026.02.20 12:28:14 +05'30'
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