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Judgment
Manoj Kumar Tiwari, J
Heard learned counsel for the parties through vide conferencing.
By means of this writ petition, petitioner has sought the following reliefs:-
i) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no.2 to open the seal of the mining store of the
petitioner firm.
ii) Issue a writ, order or direction in the nature of certiorari to quash the inquiry report dated 01.04.2021 prepared by the respondent no.3 and 4
(contained as Annexure no.2 to this writ petition), within the stipulated period fixed by this Hon’ble Court.
iii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no.1 to take appropriate action against the
respondent no.2 and 4 in accordance with law.
Petitioner has been granted a license for storage of river bed material. Pursuant to the said license, he has maintained the facility for storage of
river bed material at Village Jeetpur Bhikampur, Tehsil Laksar, District Haridwar. Petitioner is aggrieved by an order passed by Sub Divisional
Magistrate, Laksar on 03.04.2021. By the said order, the storage facility of the petitioner has been sealed. The reason assigned for sealing the storage
facility is that as per the Inspection Report, certain shortcomings were found in the storage facility. Thus, feeling aggrieved, petitioner has approached
this Court.
Learned counsel for the petitioner submits that the storage facility has been sealed based on an inspection report submitted by a team of Revenue
Officials consisting of Revenue Inspector and Revenue Sub Inspectors. He further submits that Revenue Inspector and Revenue Sub Inspectors are
not competent to make inspection and superior revenue authorities, namely, District Magistrate, Additional District Magistrate, Sub Divisional
Magistrate, Tehsildar, Naib Tehsildar alone are competent for the purpose.
Learned Standing Counsel has also not disputed this submission made on behalf of the petitioner. He, however, submits that the Show Cause Notice
has been issued to the petitioner on 07.05.2021. He further submits that petitioner’s storage facility has been sealed by the Sub Divisional
Magistrate, Laksar.
Learned counsel for the petitioner submits that the petitioner has given reply to the Show Cause Notice on 11.05.2021.
Having regard to the facts and circumstances of the case and also in view of the fact that under the Uttarakhand Minerals (Prevention of Illegal
Mining, Transportation & Storage) Rules, 2020, Revenue Inspector and Revenue Sub Inspectors are not competent for making inspection, the writ
petition is disposed of with a direction to the District Magistrate, Haridwar to consider petitioner’s reply to the Show Cause Notice dated
07.05.2021, as early as possible, but, not later than two weeks from the date of production of a copy of this order.
For a period of two weeks or till decision is taken on petitioner’s reply, whichever is earlier, impugned order dated 03.04.2021 shall be kept in
abeyance. However, it is made clear that till final order is passed by the Collector, petitioner shall not procure river bed material from any source,
whatsoever, but he shall be at liberty to sell-off the river bed material available with him, but he shall maintain proper account of the sale so made by
him to enable the authorities specified in Rule 13 of Uttarakhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2020 to
make periodical inspection of his storage facility/stock and records maintained by the petitioner.