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ALOK MATHUR
Radhika Constructions – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ALOK MATHUR, J.
1. Heard Mr. Shishir Chandra, learned counsel for the petitioner as well as Sri Rakesh Bajpai, learned Standing counsel, Sri Tushar Verma, Special Counsel and Sri Ramesh Kumar Singh, Additional Advocate General for the respondents.
2. By means of the present writ petition the petitioner has challenged the order dated 16.3.2022 passed by the State Government thereby rejecting the revision preferred by the petitioner against the cancellation of mining lease vide over dated 26.4.2021 passed by District Magistrate, Banda.
FACTS OF THE CASE:
3. The facts in brief necessary for adjudication of the present case are that the petitioner in response to an e-tender/e-auction for mining participated in the auction and his bid was adjudged to be the highest and lease deed was executed in favor of the petitioner on 6.6.2020 for the period from 6.6.2020 to 5.6.2025. After execution of the mining lease the petitioner started mining operations but suddenly the One Time Password (O.T.P.) was stopped by the District Magistrate, Banda on 19.3.2021. Subsequently, it is stated
Rule 58 of Rules of 1963 provides that in consequence of non -payment of royalty or other dues same can be recovered by respondents only after service of notice to lessee, to pay within thirty days o....
Point of Law : Discriminatory nature in which impugned order of punishment has been passed and, as such, the action of the administrative authority cannot be sustained.
The main legal point established in the judgment is the importance of observing the principles of natural justice in administrative decisions, and the requirement for authorities to consider relevant....
The court emphasized the importance of providing a copy of inspection reports and an opportunity of hearing before raising a demand against a party.
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