MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Chhatarpur Crasher Association – Appellant
Versus
State of U. P. – Respondent
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
Atiabari Tea Co. Ltd. v. State of Assam [AIR 1961 SC 232 : (1961) 1 SCR 809]
Automobile Transport (Rajasthan) Ltd. v. State of Rajasthan [AIR 1962 SC 1406 : (1963) 1 SCR 491]
Corporation of Calcutta Vs. Liberty cinema
Common Cause Vs. Union of India (2017) 9 SCC 499
G.K. Krishnan v.State of Tamil Nadu (1975) 1 SCC 375 : AIR 1975 SC 583
Goa Foundation Vs Union of India 2014 (6) SCC 590
Indian Mica and Nicanite Industries Vs. State of Bihar AIR 1971 SC 1182
Jasbhai Motibhai Desai vs. Roshan Kumar
Jindal Steels Ltd. vs. State of Haryana
M/s Digiana Industries Pvt. Ltd. Vs. Union of India and others) 2017(1) ADJ 549
Ramdhani Singh Vs. Collector Sonebhadra and others (AIR 2001 ALL 5)
Rajasthan Vs. Sajjanlal Panjwat ( 1974 (1) SCC 500
State of West Bengal vs. Kesoram Industries Ltd. and Ors. (2004 10 SCC 201)
State of Haryana and Anr. v. Chanan Mal (1977) 1 SCC 340
State of Tamil Nadu vs. M/s Hind Stone and Others
State of U.P. v. Hindustan Aluminium Corporation Ltd. (1979) 3 SCC 229 : AIR 1979 SC 1459
State of Tamil Nadu Vs. M.P.P. Kavery Chetty
State of Orissa vs. M.A. Tulloch
State of Gujarat and Others etc. Vs. Jayeshbhai Kanjibhai Kalathiya 2019 (16) SCC 513
Tamil Nadu vs. M/s Hind Stone and Others
Vinoy Kumar Vs. State of U.P. and others reported in 2001 (4) SCC 734
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