- (1.) We have heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
(2.) Facts, in brief, necessary for decision on this writ petition are as under : The petitioner was granted a short term mining permit dated 20 October, 2008 under Rule 52 of the U.P. Minor Mineral (Concession) Rules, 1963 (in short the "Rules 1963") to excavate 95000 Cubic meter sand within three months. The term of the permit further provided that the period shall come to an end on lifting of specified quantify of sand or on expiry of three months whichever is earlier. It appears that the petitioner, without putting pillars for demarcation of the area, started excavation work. An inspection was carried out by an inspection team constituted by the Director of Mining, which submitted a report dated 18 November, 2008 stating that the petitioner started the excavation without putting pillars to demarcate the boundary and on measurement, it was found that he was carrying excavation work beyond the allotted area, which was in violation of the provisions of the Rules 1963 and a punishable offence under Rule 21 of the Mines & Minerals (Regulation and Development) Act, 1957. Vide order dated 26 November, 2008 the Director (Geology & Mining) required the District Magistrate to stop the mining operation. The District Magistrate vide order 28 November, 2008 directed the petitioner to stop the excavation.
(3.) The order dated 28 November, 2008 was challenged by the petitioner by filing writ petition No. 11195 (MB) of 2008 wherein following order was passed on 15 December, 2008 : "Heard Sri. D. K. Singh, learned counsel for the petitioner and Sri. N. C. Mehrotra, learned Additional Chief Standing Counsel. It has been submitted by the petitioner's counsel that mining license/permit was granted to the petitioner for a period of three months w.e.f. 20th October, 2008. The petitioner deposited necessary fees and on receipt of complaint, area was demarcated by the Technical Assistant, Geology and Mines, Regional Office, Faizabad and report was submitted. A copy of the report has been annexed as Annexure No. 4 to the writ petition. It has been submitted by the petitioner's counsel that by the impugned order, the petitioner was stopped for mining work from 28th November, 2008 without serving any notice. Sri. N. C. Mehrotra, learned Additional Chief Standing Counsel submits that the mining work has been stopped only with intention in demarcate the area for which the petitioner has been granted mining permit after serving notice. Learned counsel for the respondents also relied upon the impugned order dated 28th November, 2008. It has been submitted by Sri. N. C. Meh-rotra that within two or three days, demarcation shall be done and the mining work shall be restored. List/put up on 18.12.2008. It is expected that the respondents shall restore the mining work and complete the demarcation by next date.";