Ashok Kumar and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC4 Oct 2024WRIC/8700/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of seizure orders by the Mine Officer, Barabanki and release of a seized tractor and JCB allegedly used in illegal mining. Court noted the petitioners accepted illegal mining under Section 23A MMDR Act and submitted affidavits; penalty of Rs.25,000 on the tractor was unpaid and ARTO NOC pending. Counter affidavit sought on JCB disposal.

What the court decided

AI extract

Ashok Kumar and 2 Others vs State of U.P… — Mining and Natural Resources | Allahabad HC (2024)

¶1

Court No. - 3

¶2

Case :- WRIT - C No. - 8700 of 2024 Petitioner :- Ashok Kumar And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Brij Bhushan Singh,Bheem Singh,Himanshu Pathak,Pranjal Apurva,Sandeep Kumar Mishra Counsel for Respondent :- C.S.C.

¶3

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

¶4

Heard learned counsel for the petitioners and learned Standing Counsel appearing on behalf of State – respondents.

¶5

This petition has been filed with the following main prayers :-

¶6

i. Issue a writ, order or direction in the nature of certiorari to quash the order no.2414/AJA – 2 dated 04 September2024 and the order no.2424/AJA -2 dated 09 Spetember 2024 issued by Mine Officer, Barabanki, annexed as Annexure No.-11.

¶7

ii. Issue a writ, order or direction in the nature of mandamus commanding the opposite party to release the vehicle (Tractor) No. UP 41 – AF – 4719 of Petitioner No.1 and the vehicle (JCB) no. UP41 BT 6244 of Petitioner No.2, illegally being seized.

¶8

It is the case of the petitioner that the tractor of the petitioner has been wrongly seized. No illegal mining was being done by the petitioner. His JCB has also been wrongly seized which had been taken on rent to dig soil from gata no.701. No soil has been recovered. No trolly has also been recovered.

¶9

The District Mining Officer has submitted a false report/ challan before the CJM on 09.9.2024 and fine has been imposed on 02.9.2024.

¶10

Learned Standing Counsel has pointed out the letter dated 09.9.2024 sent by the Mining Officer to the Chief Judicial Magistrate, Barabanki wherein it has come out that the tractor as well as JCB were seized because of illegal mining operations being carried out.

¶11

Under Section 23 A of the Mines and Minerals (Development and Regulation) Act, 1957, the petitioners have accepted the act of carrying out such illegal mining and have also submitted an affidavit on 30.8.2024 that they do not wish to contest the issue and that their vehicles be released after accepting penalty/ compounding.

¶12

Under Rule 77 (1) of the U.P. Minor Mineral Rules, 2021 for compounding, the District Magistrate has to first apprise the State Government who may by general or special order delegate/ nominate such officer for the said purpose with certain conditions and in pursuance of the aforesaid Rules of 2021 a penalty of Rs.25,000/- has been imposed under the Rules of 2021 by the City Magistrate, Barabanki vide an order dated 02.9.2024 on tractor no. UP 41 AF 4719 which has not been deposited by the owner of the vehicle till date.

¶13

Also a letter in this regard has been written for obtaining the ‘no objection certificate’ from the Assistant Regional Transport Officer, Barabanki which has not yet been obtained by the owner of the vehicle and, therefore, the tractor in question cannot be released.

¶14

It is evident that the petitioner’s tractor was directed to be released on deposit of Rs.25,000/-. The petitioner has not deposited the amount till date and also has not obtained NOC from the ARTO. Hence, his tractor has not yet been released.

¶15

Let counter affidavit be filed by the respondents within a period of three weeks indicating whether any order has been passed with regard to the JCB which has also been seized for alleged illegal mining operations.

¶16

List this matter on 28.10.2024 as fresh.

¶17

Order Date :- 4.10.2024 mks

¶18

Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench

Ashok Kumar and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What the court decided

Ashok Kumar and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Sarjoo Prasad Yadav and 4 Others vs State of U.P. Thru. Prin. Secy. Housing and Urban Planning Lko. and 6 Others

M/S Benaras Inorganics Pvt. Ltd. 76 Thru. Auth. Signatory Rajeev Kumar and 2 Others vs State of U.P. Thru. Prin. Secy. Deptt. Industrial Development Deptt. Lko. and 2 Others

Ankul Sethi vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and 7 Others

Shabbir Ahmad Khan vs State of U.P. Thru. Prin. Secy. Revenue Lko. and 3 Others

Ram Ajor vs State of U.P. Thru. Prin. Secy. Deptt. Revenue Lko. and 9 Others

Ramdev Saroj and 3 Others vs State of U.P Thru. Prin. Secy. Revenue Deptt. Lko. and 4 Others