M/S Reliable Infra Vild Vs State of U.P. and 6 Others

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Court No. - 37 Case :- WRIT - C No. - 41578 of 2019 Petitioner :- M/S Reliable Infra Vild Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Anoop Kumar Singh,Udai Chandani Counsel for Respondent :- C.S.C.

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Hon'ble Abhinava Upadhya,J. Hon'ble Ravi Nath Tilhari,J.

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Heard learned counsel for the petitioner and Shri P.K. Tripathi, learned Standing Counsel for the State respondents.

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By means of this writ petition, the petitioner has challenged the order of the appellate authority purported to have been passed under Rule 77 of the U.P. Mines and Mineral (Concession) Rules, 1963.

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It is submitted that the appellate order was against the recovery order passed by the authorities which is stated to have been issued without any opportunity to the petitioner.

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It is further submitted that vide order dated 01.05.2019, the petitioner has been black listed and that too without affording any opportunity.

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So far affording the opportunity for recovery of statutory royalty/penalty is concerned, the petitioner has remedy of filing revision before the State Government under Rule 78 of the said rule.

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So far as the black listing of the petitioner is concerned, from the order impugned, it is clear that no opportunity was given to the petitioner before blacklisting the petitioner.

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As such that portion of the order, which blacklists the petitioner is hereby quashed and the authorities are given liberty to issue a fresh order, in case, they so desires, but only after giving opportunity to the petitioner.

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The writ petition is accordingly disposed of .

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Order Date :- 16.12.2019

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sweta

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Hon'ble Ravi Nath Tilhari,J. Hon'ble Abhinava Upadhya,J.

M/S Reliable Infra Vild v. State of U.P. and 6 Others

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M/S Reliable Infra Vild v. State of U.P. and 6 Others

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