M/s Kuber Kutiya Stone Crusher vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

Heard learned counsel for the parties through video conferencing.

Petitioner has been granted a license for running a stone crusher and also facility for storage of river bed material.

A show cause notice was issued to the petitioner on 16.04.2021, whereby he was asked to show cause as to why penalty of Rs. 8,38,23,725/-

(Rupees Eight Crore Thirty Eight Lacs Twenty Three Thousand Seven Hundred Twenty Five only) be not imposed for alleged violation of the

conditions of license, including illegal mining.

Perusal of the show cause notice indicates that petitioner’s stone crusher has been sealed, as petitioner was shown to be involved in illegal

mining. Thus, feeling aggrieved, petitioner has approached this Court seeking following relief:

“I. Issue a writ order or direction in the nature of mandamus directing the respondents particularly the respondent no. 4 to open the seal of the

petitioner’s unit forthwith.â€​

Learned Additional Chief Standing Counsel appearing for respondents submits that petitioner’s stone crusher has been sealed as an interim

arrangement to prevent him from indulging in other illegal activities and the order of sealing would be revoked, if the competent authority finds that the

allegation levelled against the petitioner in the show cause notice are without any substance. He, thus, submits that interference by this Court with the

sealing order at this stage would not be warranted, particularly, when petitioner’s reply to the show cause notice is pending consideration before

the competent authority.

Learned Senior Counsel appearing for the petitioner also submits that petitioner has submitted reply to the show cause notice on 21.04.2021, which

according to him, is pending before the competent authority.

Having regard to the facts and circumstances of the case, writ petition is disposed of with a direction to District Magistrate, Haridwar to consider

petitioner’s reply to the show cause notice dated 16.04.2021 and pass a speaking order, in accordance with law, within three weeks from the date

of production of copy of this order.

Registry is directed to supply a certified copy of this order to petitioner’s counsel by 27.05.2021.