Rishi Kumar Tiwari Vs State of U.P. and 3 Others

Court No. - 37

Case :- WRIT - C No. - 30696 of 2019 Petitioner :- Rishi Kumar Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Madan Lal Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble Abhinava Upadhya,J. Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.

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The petitioner was granted mining lease for boulder on 29.1.2016 for a period of ten years, which is valid till 28.1.2026.

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It is submitted that certain portion of mining area was found to be covered under Section 4 of the Indian Forest Act (in short the Act) and, therefore, the petitioner was directed to stop his mining and a team was directed to be constituted to survey the area and furnish its report as to which area is covered under Section 4 of the Act and which area is not. The Survey Committee, so constituted, has now submitted its report on 24.9.2019, which has been filed along with the supplementary affidavit in Writ C No.34042 of 2019 in which it has clearly been mentioned that certain area for which lease was granted is not covered under Section 4 of the Act.

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It is submitted that in the case of other lease holders decision has been taken but so far as the petitioner is concerned, no decision has been taken. It is further submitted that the District Magistrate is the competent authority to go into the claim of the petitioner.

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The writ petition is disposed of with the direction to the District Magistrate to consider the report submitted by the Committee and pass appropriate orders with regard to mining of the petitioner's land in accordance with law. The said decision shall be taken, as far as possible, within a period of one month from the date a certified copy of this order is presented before the authority concerned.

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Order Date :- 11.11 . 2019

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SKM

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(Prakash Padia,J.) (Abhinava Upadhya,J.)

Rishi Kumar Tiwari v. State of U.P. and 3 Others

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Rishi Kumar Tiwari v. State of U.P. and 3 Others

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