M/S Kissan Construction Company vs District Magistrate, Haridwar And Others

Alok Kumar Verma, J

The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers: -

“(I) Issue a Writ or Order or direction in the nature of mandamus directing respondents to extend the time in pursuance to the permission dated 30-

01-2024 (contained as Annexure No. 6 to the writ petition) and to provide Code to lift minor mineral through e-Ravanna forthwith.

(II) Issue a Writ or Order or direction in the nature of mandamus directing respondent no. 3 to take decision in view of letter dated 25-11-2024 issued

by respondent no. 2 (contained as Annexure No. 9 to this writ petition) forthwith.

(III) Issue any other writ order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case; and

(IV) Award the cost of the writ petition in favour of the Petitioner.â€​

Heard Mr. Parikshit Saini, learned counsel for the petitioner and Mr. Suyash Pant, learned Standing Counsel for the respondents.

Mr. Parikshit Saini, Advocate, has contended that the petitioner is a proprietorship firm. One Suleman had given consent through his affidavit dated

08.11.2023 to lift minor mineral from his land. Thereafter, on 09.11.2023, the petitioner submitted an application before the respondent no. 3 by

depositing Rs.10, 000/ - as fees for lifting minor mineral (mud-soil). The royalty was also deposited by the petitioner. Vide order dated 30.01.2024, the

respondent no. 2 granted permission with 18 conditions to lift the minor mineral. The said minor mineral was to be lifted within a month. Due to illness

of the petitioner, he was not able to lift the minor mineral. Therefore, the petitioner had requested for further one month’s time to lift the minor

mineral through his application dated 11.03.2024. After inquiry, revenue team submitted its report on 23.10. 2024 that the minor mineral has not been

lifted from the spot, therefore, further time can be granted to the petitioner to lift the minor mineral. Respondent no. 2 sent a letter to the respondent

no. 3 on 25.11.2024 mentioning t hat the minor mineral has not been lifted due to medical reason and permission is required to lift minor mineral as

royalty and other necessary fees have already been deposited by the petitioner. But, no action has been taken on the said letter dated 25.11.2024.

Mr. Parikshit Saini, Advocate, has requested to decide the present writ petition directing the respondent no. 3, the District Mines Officer, Haridwar

to decide the said letter dated 25.11.2024 as expeditiously as possible.

Mr. Suyash Pant, Advocate, has sought four weeks’ time to decide the said letter dated 25.11.2024.

With the consent of both the parties, the present Writ Petition (WPMS No. 3570 of 2024) is disposed of directing the respondent no. 3, the District

Mines Officer, Haridwar to decide the letter dated 25.11.2024 as expeditiously as possible, but not later than four weeks from the date of production

of the certified copy of this order.

It is made clear that this Court has not expressed any opinion on the merit of the case.