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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SARAL SRIVASTAVA, SUDHANSHU CHAUHAN
Jai Shakti Realcon – Appellant
Versus
State of U.P. – Respondent
Judgment :
Saral Srivastava, J.
1. Heard learned counsel for the petitioner and Sri Kartikey Saran, learned Additional Advocate General assisted by Sri Rajeshwar Tripathi, learned Chief Standing Counsel-II for the State-respondents.
2. In Writ-C No.18896 of 2019, the petitioner has assailed the show cause notice dated 24.04.2019 and notice dated 21.05.2019 issued by District Magistrate, District Fatehpur seeking recovery of Rs.7,74,18,000/- of second and third installment towards royalty due on 01.01.2019 and 01.04.2019.
3. The petitioner in Writ-C No.3056 of 2020 has assailed the order dated 01.01.2020 passed by the District Magistrate, Fatehpur by which the mining lease of the petitioner has been determined and petitioner’s firm has been blacklisted for two years.
4. For convenience, the facts have been delineated from Writ-C No.3056 of 2020.
5. The facts, in brief, are that a lease deed was executed on 29.11.2018 and registered on 30.11.2018 for a period commencing from 29.11.2018 to 28.11.2023 for mining sand/moram with regard to the area known as Khand No.K-4, Gata No.391 Mi, measuring 40.48 hectares situated in Village Korrakanak, Tehsil and District Fatehpur at a price of Rs.255/-
The court emphasized the discretionary and equitable nature of the High Court's jurisdiction under Articles 226 and 227, and the duty to balance interests and equities while exercising such jurisdict....
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 cancellation of the mining lease was found to be in accordance with the statutory provision of Rule 25(5) of the Orissa Minor Mineral Concession Rules, 2004.
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