Disposed¶12

Mahendra Yadav v. State of U.P. Thru. Special Secy. Deptt. of Geology and Mining Lko. and 3 Others

Allahabad HC31 Jan 2025/957/2025

Case brief

AI extract

What is this about?

WRIT - C No. 957 of 2025; Mahendra Yadav v. State of U.P. (Deptt. of Geology and Mining); Allahabad High Court, Lucknow Bench, 31.1.2025; Rule 80 U.P. Minor Mineral (Concession) Rules 2021; revision admitted; interim relief rejected without reasons; stay of recovery of Rs. 69.00 lakhs; revision to be decided within two months; recovery executable if revision dismissed; interim relief parameters; writ disposed.

What did the court decide?

Writ petition disposed of with the direction that the order impugned before the Revisional Authority shall remain stayed till disposal of the revision; the revision is to be decided within two months; if the revision is dismissed, recovery may be executed. ¶12

Mahendra Yadav Vs State of U.P. Thru. Special Secy. Deptt. of Geology and Mining Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Revisional Authority considered the requisite parameters and recorded reasons for grant or refusal of the interim relief application in the pending revision.

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Court's answer

Prima facie the contention that the Revisional Authority failed to consider the requisite parameters for interim relief is correct; once the revision was admitted on merits and a recovery order of Rs. 69.00 lakhs and odd existed, the least required was to stay the recovery till disposal of the revision or give reasons why it could not be done, and no such reasoning was found.

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Ratio / Principle

The petitioner's revision is to be decided at the earliest, within a period of two months.

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Key takeaways

The order impugned before the Revisional Authority shall remain stayed till the disposal of the revision.ratio¶12
If the revision is dismissed, it shall be open to the concerned authority to execute the orders of recovery.ratio¶12

Detailed headnote1 paragraphs

Writ (C) disposed of by Division Bench (Rajan Roy and Brij Raj Singh, JJ.), High Court of Judicature at Allahabad, Lucknow Bench, on 31.1.2025. Petitioner's revision under Rule 80 of the U.P. Minor Mineral (Concession) Rules, 2021 had been admitted on 13.01.2025, but his interim relief application was rejected without reasons despite an order of recovery of Rs. 69.00 lakhs and odd being impugned therein. Holding that, once a revision is admitted on merits and a recovery order exists, the least required is to stay recovery till disposal or record reasons, the Court directed the revision to be decided within two months and stayed the impugned order till disposal; if the revision is dismissed, execution of the recovery orders would be open.

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Neutral Citation No. - 2025:AHC-LKO:6790-DB

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Court No. - 2

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Case :- WRIT - C No. - 957 of 2025

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Petitioner :- Mahendra Yadav

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Respondent :- State Of U.P. Thru. Special Secy. Deptt. Of Geology And Mining Lko. And 3 Others Counsel for Petitioner :- Rahul Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.

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1. Heard.

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The revision of the petitioner under Rule 80 of the U.P. Minor Mineral (Concession) Rules, 2021 has been admitted on 13.01.2025 for hearing, however, the interim relief application has been rejected.

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The contention is that there is no consideration of requisite parameters for grant or refusal of the interim relief.

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Prima facie, the contention appears to be correct. Let the revision of the petitioner be decided at the earliest, say, within a period of two months. In the meantime, the order which is impugned in the revision shall remain stayed, meaning thereby, the recovery shall not be made, as, once the revision has been admitted for hearing on merits and there is an order of recovery of an amount to the tune of Rs. 69.00 lakhs and odd, then, the least that was required was to stay the recovery till disposal of the revision or to give reasons as to why it cannot be done, but, we do not find any reasoning except formality having been done while passing the impugned order.

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At this stage, learned standing counsel says that the writ petition be disposed of in terms of the aforesaid.

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We accordingly dispose of the writ petition with the observation/direction that the order impugned before the Revisional Authority shall remain stayed till the disposal of the revision. In the event, the revision is dismissed, it shall be open for the concerned to execute the orders of recovery.

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[Brij Raj Singh, J.] [Rajan Roy, J.]

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Order Date :- 31.1.2025 Santosh/-

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Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Mahendra Yadav v. State of U.P. Thru. Special Secy. Deptt. of Geology and Mining Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Mahendra Yadav v. State of U.P. Thru. Special Secy. Deptt. of Geology and Mining Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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