RAVI NATH TILHARI,J. - (1.) We have heard Sri Nand Kishor Mishra learned counsel for the petitioner and learned Standing Counsel for Respondent Nos. 1 to 5 and have perused the material on record. The petitioner has filed the present writ petition for the following reliefs: "(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 17.10.2018 passed by the Respondent No.3 and order dated 13.7.2018 as well as notice dated 27.10.2018 issued by the District Magistrate, Mahoba (Annexure Nos. 1,2 and 3 to the writ petition). (b) Issue a writ, order or direction in the nature of Mandamus directing the respondents not to realize/recover the amount Rs. 57,36,750/- mineral cost (Khaniz Mulya) as well as penalty sum of Rs. 50,000/- from the petitioner on the basis of the notice dated 27.10.2018. (c) Issue a writ, order or direction in the nature of mandamus directing the respondents to restore the mining permit of the petitioner and issue Form MM-11 for the remaining quantity by extending the time period which has been lapsed due to passing of the impugned order dated 13.7.2018, cancelling the mining permit. (d) Issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (e) Award cost of the petition in favour of the petitioner."
(2.) By order/notice dated 13.7.2018 the District Magistrate, Mahoba had cancelled the petitioner's mining permit and after determining the petitioner's liability for payment, directed for recovery of the said amount from the petitioner. By order dated 17.10.2018 the petitioner's revision was dismissed by the Additional Chief Secretary/Special Secretary, Department of Geology and Mining Government of U.P., Lucknow. By notice dated 27.10.2018 the petitioner was directed to make the payment failing which, it was provided that the same shall be recovered as arrears of land revenue.
(3.) The facts of the case are that the petitioner was granted mining permit on 12.5.2018 for removal of 12350 cubic meter of sand/maurram from her agricultural field of Gata No. 39 kha having an area of 1.235 hectares situated in village Barano, Tehsil Kulpahar, District Mahoba, for a period of three months w.e.f. 12.5.2018 upto 11.8.2018 and in pursuance thereof petitioner deposited an amount of Rs. 25,00,876/- in total under different heads on 12.5.2018 itself, whereupon the mining plan was approved by the competent authority and after getting the mining permission the petitioner started excavation work for removal of the mineral/sands/mauram from her agricultural gata.;