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DILIP B. BHOSALE, YASHWANT VARMA
GALIB – Appellant
Versus
STATE OF U. P. – Respondent
By the Court.—Heard Mr. Vivek Dhaka for the petitioners and Mr. P.K. Tripathi, learned Standing Counsel for the respondents.
2. The sole legal question which stands raised in the instant writ petition is with respect to the liability of the petitioners to pay royalty on excavation of ordinary earth, which according to them was used for the purposes of levelling an agricultural plot. Since there was no dispute on essential facts, learned counsel for the parties consented for the disposal of this writ petition without exchange of affidavits.
3. The petitioners seek quashing of the order dated 25 April 2018 passed by the Commissioner affirming a decision of the Additional District Magistrate dated 17 May 2017. The Commissioner exercising appellate powers conferred by Rule 77 of the U.P. Minor Mineral (Concession) Rules, 1963 (1963 Rules) has principally upheld the view taken by the Additional District Magistrate as embodied in his order aforementioned that the petitioners were liable to pay royalty having extracted ordinary earth without the requisite permissions or permits.
4. The petitioners are co-sharers of khasra No. 480 which is utilised for agricultural operations. For
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