Veerpal Singh vs State Of Uttarakhand & Others

S.K. Mishra, J

By filing this Writ Petition (PIL), a resident of Village Tanda Banjara, Sultanpur, District Udham Singh Nagar, has prayed for issuance of a writ of certiorari quashing the lease deed dated 25.05.2018 executed in favour of respondent no. 7, i.e. Annexure No. 1; and to issue a writ of mandamus to direct the respondent no. 3 not to permit the respondent no. 7 to operate mining from the allotted lease patta on his private land.

It is submitted on behalf of the learned counsel for the petitioner that the respondent no. 7 is undertaking a mining operation, which is being undertaken in violation of Clause (33) of the Mining Lease Deed dated 25.05.2018, which is Annexure No. 1 to the Writ Petition, and thereby it has encroached upon the private lands of other individuals beyond his allotted land. In the said process the respondent no. 7 has reached almost the ridge of the river flowing nearby the Village.

Since the petitioner has already made several representations to various authorities, we dispose of the Writ Petition (PIL) giving a liberty to the petitioner to file a properly articulated fresh representation ventilating all his grievances before the respondent no. 3, i.e. the District Magistrate, District Udham Singh Nagar, within ten days from today by annexing a certified copy of this order as well as a copy of the Writ Petition.

On such an event, the respondent no. 3, i.e. the District Magistrate, District Udham Singh Nagar, shall, after affording a reasonable opportunity of hearing and production of documents to the petitioner as well as respondent no. 7, and any such person whose interest may be affected, take a decision by passing a reasoned and speaking order within 30 days from the date of the filing of the representation, along with a certified copy of this order as well as a copy of the Writ Petition. The learned District Magistrate, District Udham Singh Nagar shall also consider whether there has been a violation of the Government Order dated 15.06.1998, i.e. Annexure No. 3.

With the aforesaid observations, the Writ Petition is disposed of.

In sequel thereto, all pending applications also stand disposed of.

Urgent certified copy of this order be issued to the parties, as per Rules.

A free copy of this order shall be provided to the learned Deputy Advocate General for the State Government for onward communication and early compliance.