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2016 Supreme(All) 1596

ALLAHABAD HIGH COURT
BEFORE : V.K. SHUKLA AND MAHESH CHANDRA TRIPATHI, JJ.
RANVEER SINGH ....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 51986 of 2016, decided on 16th December, 2016)

Advocates:
Counsel :
Manish Goyal for the Petitioner; C.S.C. for the Respondents.

Headnote:Mines and Minerals (Development and Regulation) Act, 1957—Section 21(5), 23(C)—U.P. Mineral (Prevention of Illegal Mining Transportation and Storage) Rules, 2002—Rules 6, 7—Illegal mining—Recovery proceeding—Illegality/Legality—Decision making process undertaken by State, having been passed in most arbitrary fashion with closed mind without providing reasonable opportunity of hearing to petitioner and for absence of reason—Hence order of recovery passed by District Magistrate quashed—Fact that Court has intervened on issue of decision making process—State/Competent Authority directed to issue a concrete show cause notice to petitioner appending therein entire material to be relied upon and list of witnesses in support of same, thereafter adducing evidence and after providing opportunity of hearing to petitioner to lead his defence reasoned decision be taken based on evidence adduced. [Paras 23, 31 and 34]

       Result; Petition Allowed.

       

JUDGMENT

Hon’ble V.K. Shukla, J.—Present Writ Petition in question is directed against the order passed by District Magistrate, Saharanpur dated 6.10.2016 in exercise of authority conferred under Section 21(1) and Section 21(5) of Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the ‘MMDR Act’) annexed as Annexure 1 to the Writ Petition wherein recovery initiated against the petitioner has been held to be justifiable and apart from the same, the petitioner has also further challenged the validity of the notice dated 31.8.2012, notice dated 9.12.2014, notice dated 9.7.2015 and notice dated 8.9.2015 issued by respondent Nos. 6 and 7 respectively.

2. Petitioner Ranveer Singh claims that he is resident of village Aslampur Bartha, Tehsil Behat, District Saharanpur and is a social worker and currently he is holding the office of Pradhan of Village Aslampur Bartha Rasulpur @ Rasuli and of Bartha Kursi. Petitioner has proceeded to make a mention that he has been heading movement against illegal mining and it was due to his effort that illegal mining has been exposed in the district of Saharanpur wherein Mohd. Iqbal s/o Abdul Wahid is a principal player.

3. Petitioner, it appears had made a point that action be taken against Mohd. Iqbal for financial irregularities and it appears that armed with requisite material petitioner approached the Apex Court by filing petition under Article 32 of the Constitution of India, which came to be registered as Writ Petition No. 818/2015 before the Hon’ble Apex Court with following reliefs :

“(a) Issue a writ in the nature of mandamus directing the investigation by Special Investigation Team or any other central investigative agency into the financial affairs of Mr. Mohd. Iqbal s/o Abdul Waheed, R/o vill. Mirzapur Pol, Tehsil Behat, District Saharanpur, Uttar Pradesh.

(b) Direct the respondents to attach the benami properties details of which is annexed as Annexure-P/9 and the same is purchased by Mohd. Iqbal through his various companies/partnership firms/relatives/employees etc.; and

(c) pass such further order of orders, as this Hon’ble Court may deem fit and proper in the circumstances of this case.”

4. In the said proceedings in question, the Hon’ble Apex Court proceeded to pass following order on 14.12.2015:

“Issue notice.

Mr. Maninder Singh, learned Additional Solicitor General accepts notice on behalf of respondent Nos. 1, 3 to 7 and 10 to 14.

Liberty is given to serve Mr. Gaurav Bhatia, learned Additional Advocate General for the State of U.P. in respect of respondent No. 2.

Notice to respondent Nos. 8 and 9, namely, Chief Secretary, State of Haryana and Chief Secretary, State of Uttarakhand is for the present dispensed with.

Mr. Anupam Mishra, learned counsel accepts notice on behalf of respondent No. 15.

Learned counsel for the respondents to file counter-affidavit within four weeks. Rejoinder-affidavit, if any, be filed within two weeks thereafter.The petitioner shall also file additional affidavit stating the following :

(1) The number of writ petitions earlier filed by the petitioner against respondent No. 15. Copies of the said writ petitions and orders passed by the High Court on the same, shall also be filed.

(2) The number of criminal cases registered against the petitioner and the details thereof as also their present status.

(3) The number of cases of illegal mining registered against the petitioner or orders passed by the competent authorities imposing penalties for such illegal mining.

Mr. Maninder Singh, learned Additional Solicitor General shall also take instructions from the respondents for whom he appears as to the modalities which the respondents propose to adopt in regard to verification and if necessary investigation into the allegations made in the writ petitions and for initiating proceedings wherever the same are necessary. We make it clear that if the authority competent to inquire into the matter finds it to be a fit case to initia






















































































































































































































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