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2022 Supreme(UK) 295

R. C. KHULBE, VIPIN SANGHI
Satyendra Kumar Tomar – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Suhaas Ratna Joshi, learned counsel
For the Respondent: Mr. C.S. Rawat, learned Chief Standing Counsel along with Mr. Pradeep Joshi, learned Additional Chief Standing Counsel

JUDGMENT :

Vipin Sanghi, J.

The petitioner has preferred the present writ-petition to challenge the vires of the notification no.1824/VII-A-1/2021/80-Kha/16 dated 28.10.2021 issued by the Uttarakhand Shasan, Industrial Development (Mining), Section-1, as being violative of Article 14 and 19(1)(g) and Article 21 of the Constitution.

2. The petitioner also seeks direction to the respondents to allot mining leases by competitive E-Tender cum E-auction process in terms of the Policy Notification dated 31.10.2017 affirmed by the judgment of this Court dated 19.09.2018 in WP(PIL) No.147 of 2018.

3. The case of the petitioner is that the petitioner is engaged in the business of operating mining leases for minor minerals granted by the State Government.

4. The petitioner participated in e-auction conducted by the respondent-State vide e-auction notice dated 10.01.2018 for grant of mining rights in respect of the minor minerals i.e. river bed material consisting of sand, gravel, boulder, clay and muck etc. Under the tender the maximum quantity of RBM which could be mined on an annual basis b

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