Disposed

Parbhu v. State of U.P. and 5 Others

Allahabad HC25 May 2023WRIC/16612/2023

Case brief

AI extract

What is this about?

Petitioner challenged pending storage license application under UP Minerals Rules. Respondents filed affidavits showing process completion and intent to issue upon security deposit. Court directed petitioner to deposit security within a week, ordered respondents to issue license thereafter, and dismissed the petition.

What did the court decide?

Permitted petitioner to deposit security amount within a week; directed respondent to issue storage license thereafter.

Parbhu Vs State of U.P. and 5 Others — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:116748-DB

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Court No. - 3

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Case :- WRIT - C No. - 16612 of 2023

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Petitioner :- Parbhu Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- C.S.C.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Anish Kumar Gupta,J.

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Heard Shri Birendra Singh, learned counsel for the petitioner and Shri Alok Singh, learned Standing Counsel for the State-respondents.

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On 17.05.2023, this Court had passed the following order:

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"Learned counsel for the petitioner and learned Standing Counsel for the Staterespondents.

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The application of the petitioner for storage license filed on 04/07.04.2023 under The Uttar Pradesh Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2018 is being kept pending by the respondent nos. 3 and 5 for the reasons best known to them.

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In view of the aforesaid, we direct the respondent nos. 3 and 5 to file counter affidavits by means of their personal affidavits within a week and show cause as to why the application of the petitioner for storage license is being kept pending. In the event, the counter affidavits, as aforesaid, are not filed by the respondent nos. 3 and 5 within the stipulated time, then, both the respondent nos. 3 and 5 shall remain personally present before this Court and shall show cause for non-compliance of the order.

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Put up as a fresh case before appropriate Bench on 25.05.2023."

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Today, a personal of the respondent no.3 dated 24.05.2023 and a personal affidavit of the respondent no.5 dated 24.05.2023 have been filed which are taken on record.

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Paragraph nos.4, 5 and 6 are similarly worded in both the affidavits, which are reproduced below:

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"4. That, after submission of the online application dated 07.04.2023, enquiry and inspection of the area over which license has been applied, conducted by the Mines Inspector, Chandauli along with Tehsildar, Chakiya on 10.05.2023. Thereafter, Tehsildar, Chakiya uploaded the report on portal on 18.05.2023. After submission of the report submitted by the Tehsildar, the Mines Inspector submitted its report within

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one day i.e. 19.05.2023. The true Photostat copies of the online application, details of submission of report by Tehsildar and Mines Inspector are annexe herewith and are marked as ANNEXURE-1, 2 and 3 to this affidavit.

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5. That, after submission of the inspection reports by the Tehsildar and Mines Inspector, a letter of intent has been uploaded on portal on 22.05.2023. A Photostat copy of the letter of intent dated 22.05.2023 is annexed herewith and is marked as ANNEXURE-4 to this affidavit.

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6. That, after issuance of letter of intent dated 22.05.2023 petitioner may deposit security amount within a period of three days and if he deposits the aforesaid amount, the license shall be issued in his favour."

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In view of the stand taken by the respondent nos.3 and 5 in their personal affidavits, as aforequoted, we do not find any good reason to proceed further.

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Learned counsel for the petitioner states that the petitioner shall deposit the amount, as indicated in paragraph no.6 of the personal affidavit, within a week from today and we permit him to do so. Thereafter, respondent no.3/5 shall issue a license in favour of the petitioner, in accordance with law.

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With the aforesaid direction, the writ petition is disposed of.

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Order Date :- 25.5.2023 Ankit.

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Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad

Parbhu v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Parbhu v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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