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HIGH COURT OF JUDICATURE AT ALLAHABAD
SARAL SRIVASTAVA, AMITABH KUMAR RAI
Sharad Enterprises – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Saral Srivastava, J.
1. Heard learned counsel for the petitioner and Sri Rajeshwar Tripathi, learned Chief Standing Counsel-II for the State-respondents.
2. The petitioner by means of the present writ petition has prayed mainly for the following relief:-
“i. Issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 29.12.2018, only to the extent of forfeiture of the security amount of Rs. 8,51,68,215/- passed by Respondent no.3 and quashing the impugned recovery Certificate dated 14.01.2019 issued by the District Magistrate, Jalaun and impugned recovery Citation dated 23.01.2019 issued by the Tehsildar, Jhansi and to further to quash impugned Revisional order dated 12.03.2019 passed by Respondent no.2.
ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to adjust the security deposit of Rs. 8,51,68,215/- towards unpaid quarterly lease amount/installments.
iii. Issue a writ order or direction in the nature of mandamus of directing the respondents to refund the amount of Rs.2,00,00000/- (Rs. Two Crore) forcefully taken from the petitioner in pursuance of the impugned recovery certificate and citation, alo
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.
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 court ruled that security deposits can be adjusted against arrears, rejecting automatic forfeiture upon license cancellation, emphasizing fairness in state actions under Article 14.
The Mines Tribunal has the authority to determine lease terms for mining operations under statutory provisions, affirming that statutory leases are bound by the same conditions as contractual ones, i....
The registration authority must refuse registration of any instrument related to state-owned lands unless mandatory consent from the State Government is obtained, reaffirming the legal necessity to a....
Point of Law : MMDR Act, 1957, though takes away power of State to make laws under Entry 23 of List II, by S.15 of MMDR Act, power to regulate quarry leases, mining leases or other mineral concession....
The specific conditions of a contract cannot be overridden by the law of equity.
Point of law: Not only is the writ jurisdiction of this Court invoked in a purely contractual matter, having no colour of public law and the writ remedy is thus not maintainable.
Administrative authorities must apply the principle of equality under Article 14, ensuring consistent and fair treatment, particularly in cases of similar circumstances and rights related to governme....
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