HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (M/S) No. 2500 of 2020

Jafar Malik

..…Petitioner

Versus

State of Uttarakhand and others

.… Respondents

Present :

Mr. M.C.Kandpal, Senior Advocate, assisted by Mr. Tarun Mohan, Advocate, for the

petitioner.

Mr. Pradeep Hairiya, Standing Counsel, for the State of Uttarakhand.

Dated: 28^th March, 2022

JUDGEMENT

Hon’ble Sharad Kumar Sharma, J.

As a consequence of invitation of bids for lifting of the

RBM, the petitioner participated in the open bidding process

as it was held on 14^th June, 2019, and his bid was accepted

for lifting of 40000 quebec meters of silt for a total auction

amount of Rs.51,75,000/-.

2.

The petitioner contends, that he had deposited

certain amount by way of security money on 19^th June, 2019,

but on the measurement of the auction lots site, which was

conducted by the official of the respondents, the lots were

earmarked by the inspecting team, and thereafter, only the

petitioner was actually allowed later on to undertake the

mining activities under the auction, which was settled in his

favour on 19^th June, 2019.

3.

It is an admitted case of the petitioner, that due to

torrential rains in 2019, there had been certain obstructions

which were caused in the petitioner’s activities of lifting of

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RBM, as settled in June 2019, and he could not lift the silt to

quantity of 33912.25 quebec meters. Time and again, the

petitioner has contended that he approached before the

respondents seeking a permission to permit him to lift the

remaining RBM, by grant of an extension to the licence

already executed in his favour, when the same was not done,

he preferred a Writ Petition before this Court, being Writ

Petition No. 721 of 2020, for the following reliefs :-

“(i) Issue a writ, order or direction in the nature of

mandamus to respondent no.2 to grant permission to lift

remaining Silt/Earth measuring 33912.25 Quebec Miter

from Sukhi Nadi in furtherance to the auction

sanctioned order dated 25.06.2019 Annexure No.-4 to

the writ petition in view of recommendation of the

inspecting team dated 18.11.2019 Annexure No. 14 to

the writ petition.

(ii) That in alternate a writ order or direction in

the nature of mandamus directing the respondent to

return back the outstanding balance amount Rs.

4335000/- (Forty Three Lacks Thirty Five Thousand) to

the petitioner in case of not granting time for lifting the

remaining 33912.25 Quebec Miter Silt/Earth.”

3.

In fact, if relief No. 2 is taken into consideration,

it happens to be akin, to the relief No. 2 of the present Writ

Petition, where permission is being sought to lift the same

quantity of the silt deposit from Sukhi Nadi, on the basis of

the recommendations which were then made by inspecting

team on 18^th November, 2019, but the Coordinate Bench of

this Court by a judgment dated 15^th October, 2020, directed

the District Magistrate, to take a decision on the letter which

was issued by the Joint Magistrate on 11^th November, 2019,

consequent to which, the impugned decision has been taken

and the extension of time for lifting of the RBM, as was

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claimed to be granted to the petitioner under the terms of

contract was denied to be extended.

4.

Consequently, the petitioner has prayed for

quashing of the order dated 7^th November, 2020, and for the

remittance of the balance amount of Rs.43,35,000/-.

5.

The Writ Petition was preferred on 22^nd

December, 2020. The counter affidavit was called for and no

interim order was granted.

6.

After the exchanged of pleadings, the Writ

Petition is being taken up today.

7.

In fact, logically, climatically and geographically

too, a right of lifting of RBM from the river bed which is

granted to a contractor, is always based on the terms of the

licence or the contract which is executed in his favour in

relation to the identified lots, pertaining