M/s Mahalaxmi Stone Crusher vs State Of Uttarakhand & Others

Manoj K. Tiwari, J

By means of this petition, petitioner has sought following reliefs:

"(i) Issue a writ, order or direction in the nature of certiorari quashing the recovery citation dated 08.11.2017 issued by respondent no.4 for alleged recovery pursuant to order dated 15.09.2017.

(ii) Issue a writ, order or direction in the nature of certiorari quashing the order dated 15.09.2017, passed by the respondent no.2, imposing alleged penalty of Rs.2,86,83,840/- upon the petitioner."

Heard learned counsel for the parties and perused the records.

This writ petition has been filed against the order dated 15.09.2017 passed by District Magistrate, Haridwar whereby petitioner has been asked to deposit Rs. 2 lacs as penalty and Rs.2,84,83,840/- as five times the amount of royalty, total amount Rs. 2,86,83,840/- within a month. Basis of the said demand is that during inspection, it was found that petitioner has dug up the land of the stone crusher and removed subsoil to the extent of 36992 cubic meters. Thus a conclusion has been drawn against the petitioner that he is guilty of removal of RBM by digging the land.

According to learned counsel for the petitioner, the order passed by District Magistrate is appealable and petitioner has filed an appeal before the Competent Authority, which is still pending.

Learned counsel for the petitioner confines his prayer and submits that since recovery citation has been issued against the petitioner, therefore, limited protection may be given to him that till disposal of his stay application by the appellate authority, recovery proceedings initiated against the petitioner may be stayed and the appellate authority be directed to expedite disposal of petitioner's stay application. He further prays that till disposal of his stay application by the Appellate Authority, petitioner may be permitted to operate his Stone Crusher.

Prayer made by learned counsel for the petitioner is innocuous and deserves to be accepted.

Accordingly, the writ petition is disposed of with direction to the appellate authority to decide the stay application filed by the petitioner with his appeal within a period of three weeks from the date of production of certified copy of this order. Meanwhile, it is provided that if petitioner deposits a sum of Rs.22 lacs with the District Magistrate, Haridwar on or before 31.12.2017, in that case petitioner shall be permitted to operate his Stone Crusher and no coercive action shall be taken against him pursuant to order dated 15.09.2017 till decision on his stay application. (Interim Relief Application No. 16824 of 2017 stands disposed of accordingly)

Pending application, if any, also stands disposed of accordingly.

Let certified copy of this order be supplied to learned counsel for the parties within 24 hours on payment of usual charges.