By the Court.—Petitioner before this Court seeks a writ of mandamus directing the respondent No. 2 to extend the period for transportation of sand/moram lying on Gata No. 114 at Village Chandaut, Tehsil Sarila, District-Hamirpur.

2. Brief facts as are born out from the records of the present writ petition are: the Sub-divisional Magistrate, Sarila, District- Hamirpur alongwith other officers of mines department had found illegal storage of sand and moram of about 3,000 Cubic Meter by the petitioner. The sand was seized and was given in Supurdagi of the petitioner.

3. It is the case of the petitioner that he had purchased the sand from a lease holder after making payment of consideration (which allegations are wholly vague and not supported by any evidence). It is further his case that an offence was committed by him by storing sand, in view of Section 4 (1A) of Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the Act 1957). The petitioner made a representation on 13.8.2014 before the respondent No. 2, District Magistrate, Hamirpur for compounding the offence. He offered to pay royalty and the cost of the sand in accordance with law and for release of the sand in his favour. Since the application was not considered, the petitioner filed Writ Petition No. 47730 of 2014, Rejendra Singh v. State of U.P. and others. The writ petition was disposed of vide order dated 6.09.2014, permitting the petitioner to make a fresh application before the respondent. The application was directed to be disposed of in accordance with law specifically in the light of Section 23-A of the Act 1957 by means of reasoned and speaking order.

4. The District Magistrate, Hamirpur in compliance of the order passed by the High Court, referred to above, has proceeded to pass an order for releasing 3000 Cubic Meter of sand/moram on payment of Rs. Rs. 2, 25,000/- as royalty, Rs. 11, 25, 000/- as costs of the sand and compounding fees of Rs. 25, 000/-. (Total money demanded was Rs. 13, 75, 000/-) with the conditions that on deposit of the said money, the sand may be released in favour of the petitioner and he may transport the sand within one month thereafter.

5. The petitioner states that he has deposited the entire money in treasury on 9.10.2014. For certain reasons, he could not transport the collected sand within the period of one month. The petitioner, therefore, made an application for extension of time for removal of the collected sand on 2.12.2014, which application has not been considered. He has therefore approached this Court by means of this petition.

6. Counsel for the petitioner with reference to the provision of Section 23 A read with Section 21 (4) and (4A) of the Act 1957 submits that the District Magistrate should have extended the period for transportation of the seized sand which had been released in his favour as noted above.

7. We have heard learned counsel for the parties and have gone through the contents of the present writ petition.

8. We may record that sub-clause (1-A) of Section 4 of the Act 1957 prohibits transportation, storage or cause to be transported or stored any mineral otherwise than in accordance with the provisions of the Act 1927 and the rules framed thereunder. Section 21 of the Act 1957 make the contravention of the provision of Section 4 (1A) of the Act 1957 as punishable with imprisonment for a term which may extend to two years, or with fine which may extend to twenty five thousand rupees or with both. Section 23A of the said Act provides that the offence committed under this Act may be compounded by the person authorized under Section 22 to make a complaint to the Court with respect to that offence, on payment to that person, for credit to the Government, of such sum as that person may specify. Sub Section 2 of Section 23A provides that once the offence has been compounded under sub-section (1) of Section 23A against the offender, no proceeding or further proceeding, as th