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2023 Supreme(All) 991

MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Chhatarpur Crasher Association – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Birendra Singh, Shubham Agarwal, Sr. Advocate (Shashi Nandan)
For the Respondent: C.S.C., Deepak Kumar Jaiswal, Nand Kishor Mishra, Shilpa Ahuja

JUDGMENT :

[Delivered by Hon’ble Mahesh Chandra Tripathi, J. for the Bench under Chapter VII Rule 1(2) of the Allahabad High Court Rules, 1952]

1. By means of writ petition (C.M.W.P. No.10037 of 2020) the petitioners, who are members of registered society are, in the business of extracting, crushing transporting, and selling the minor minerals in Madhya Pradesh and in other States, are challenging the 48th Amendment in Uttar Pradesh Minor Minerals (Concession) Rules, 1963, Rule 21 (4) and Rule 70 (2) of the Uttar Pradesh Minor Mineral (Concession) Rules, 2020, and Rule 21 (5) and Rule 72 (2) of the Uttar Pradesh Minor Mineral (Concession) Rules, 2021 and the Government Order dated 24.02.2020 and 10.08.2022.

2. While the aforesaid writ petition was pending, the petitioners preferred a Special Leave Petition before the Hon’ble Supreme Court stating that the writ petition was listed but neither the stay application was heard, nor the main petition. On this, Hon’ble Supreme Court directed this Court to decide the proceedings expeditiously. In view of the direction of the Hon’ble Supreme Court, we have taken up the present writ petition.

BACKDROP OF THIS CASE

3. Mines and Minerals (Regulatio

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