HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition No. 2233 of 2015 (M/S)

Davendra Singh

..…Petitioner

Versus

State of Uttarakhand and others

.…Respondents

Present :

Mr. Jitendra Chaudhary, Advocate assisted by Mr. Devendra Singh Dashoni, Advocate

for the petitioner.

Mr. Anurag Bisaria, Standing Counsel for the State of Uttarakhand.

Dated: 23^rd April, 2019

JUDGMENT

Hon’ble Sharad Kumar Sharma, J.

By virtue of the mining lease dated 7^th March, 2014,

the petitioner was granted a mining lease for the period of five

years to be operated from the land as included in Appendix-1 of

the said lease dated 07.03.2014. As per the Appendix-1, which

constituted part of the lease, it was naap land, which was belonging

to the petitioner was under his ownership as was recorded in

Shreni 1-ka, over which, the mining rights was given to be

exercised by the petitioner.

2.

The petitioner instead of conducting the mining

operation over and on the area, lying over land in Shreni 1ka, i.e.

khasra Nos. 32/1, 33 and 34, having a total area of 1.504 hectares,

in fact, after removing the pillars, which was demarcated and

placed by