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ANJANI KUMAR MISHRA, JAYANT BANERJI
Suresh Chand Gupta – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Heard Shri Udayan Nandan, learned counsel for the petitioner and Shri Ankur Tandon for the State.
2. The instant writ petition seeks a writ of certiorari for quashing the order dated 25.04.2019 passed by the District Magistrate, Jalaun at Orai, respondent no.3, whereby the petitioner's security deposit to the tune of Rs. 6,13,34,775/- has been ordered to be forfeited and the revisonal order passed by the Special Secretary, Department of Geology and Mining, U.P. Lucknow, respondent no.2 affirming the order passed by the District Magistrate.
3. Facts of the case briefly stated are that the petitioner, a registered partnership firm, applied and was granted a lease for a period of five years from 19.03.2018 to 18.03.2023 for mining over plot no.596, Khand No.1 area 16.194 hectares situated in village Basrehi, Tehsil Kalpi, District Jalaun. The lease deed is stated to have been executed on 19.03.2018.
4. A notice, alleging illegal mining by the petitioner, was issued by the Additional District Magistrate (Revenue) on 16.08.2018 calling upon the petitioner to submit a reply within 15 days. The reply was submitted on 27.12.2018 denying the allegations in the notice. The same day,
The authority must provide adequate reasons for the complete forfeiture of a security deposit, especially when a lesser penalty has been imposed and already paid.
The authority can forfeit a mining lease security deposit for non-payment of lease installments under the terms established in the lease agreement, affirming contractual obligations.
Judicial consistency demands adherence to prior rulings, ensuring prompt resolution of claims related to security deposits and sand ghat allotments.
The court emphasized the necessity for authorities to follow procedural rules before canceling mining leases, allowing alternative penalties rather than outright cancellations.
The court emphasized the importance of considering extenuating circumstances, such as the petitioner's medical condition, and held that arbitrary decisions without due consideration are not permissib....
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