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2010 Supreme(All) 2013

S.S.TIWARI, RAKESH SHARMA
MAYA DIXIT – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Mukesh Prasad, Sandeep Srivastava and Arvind Srivastava for the Petitioners; C.S.C. for the Respondents.

JUDGMENT

By the Court.—Since the controversy involved in all the three writ petition is same and as such one common order is being passed in these three writ petitions.

2. Heard Sarvasri Mukesh Prasad, Sandeep Srivastava and Arvind Srivastava, learned counsel for the petitioners and perused the materials on record.

3. These writ petitions have been filed seeking quashing of the Government Order dated 31st May, 2010 by which the petitioners-mining lease holders, who are excavating sand (Balu, Moram & Bajari etc.) from their leased out area have been restrained from using machines for the purposes of excavating sand. The impugned Government Order dated 31st May, 2010 was issued in furtherance of an interim order passed by the Lucknow Bench of this Court on 27th May, 2010 in Writ Petition No. 3879 (M/B) of 2010, Pradeep Chaudhary v. State of U.P. and others.

4. It has been categorically submitted by the learned counsel for the petitioners that there was no report submitted by any of the competent authority, that is, Pollution Control Board, Director of Geology & Mining etc., which shows that the petitioners are causing any damage to the river course or they are involved in irregular or



































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