V.K.SHUKLA,J. - (1.) Present Writ Petition in question is directed against the order passed by District Magistrate, Saharanpur dated 06.10.2016 in exercise of authority conferred under Section 21(1) and Section 21(5) of Mines and Minerals (Development and Regulation) Act , 1957 (hereinafter referred to as the ' MMDR Act ') annexed as Annexure no.1 to the Writ Petition wherein recovery initiated against the petitioner has been held to be justifiable and apart from the same, the petitioner has also further challenged the validity of the notice dated 31.08.2012, notice dated 09.12.2014, notice dated 09.07.2015 and notice dated 08.09.2015 issued by respondent nos.6 and 7 respectively.
(2.) Petitioner Ranveer Singh claims that he is resident of village Aslampur Bartha, Tehsil Behat, District Saharanpur and is a social worker and currently he is holding the office of Pradhan of Village Aslampur Bartha Rasulpur @ Rasuli and of Bartha Kursi. Petitioner has proceeded to make a mention that he has been heading movement against illegal mining and it was due to his effort that illegal mining has been exposed in the district of Saharanpur wherein Mohd. Iqbal s/o Abdul Wahid is a principal player.
(3.) Petitioner, it appears had made a point that action be taken against Mohd. Iqbal for financial irregularities and it appears that armed with requisite material petitioner approached the Apex Court by filing petition under Article 32 of the Constitution of India, which came to be registered as Writ Petition No.818/2015 before the Hon'ble Apex Court with following reliefs:- "(a) Issue a writ in the nature of mandamus directing the investigation by Special Investigation Team or any other central investigative agency into the financial affairs of Mr. Mohd. Iqbal s/o Abdul Waheed, R/o vill. Mirzapur Pol, Tehsil Behat, District Saharanpur, Uttar Pradesh. (b) Direct the respondents to attach the benami properties details of which is annexed as Annexure-P/9 and the same is purchased by Mohd. Iqbal through his various companies/partnership firms/relatives/employees etc.; and (c) pass such further order of orders, as this Hon'ble Court may deem fit and proper in the circumstances of this case." In the said proceedings in question, the Hon'ble Apex Court proceeded to pass following order on 14.12.2015: "Issue notice. Mr. Maninder Singh, learned Additional Solicitor General accepts notice on behalf of respondent No.1, 3 to 7 and 10 to 14. Liberty is given to serve Mr. Gaurav Bhatia, learned Additional Advocate General for the State of U.P. in respect of respondent No.2. Notice to respondent No.8 and 9, namely, Chief Secretary, State of Haryana and Chief Secretary, State of Uttarakhand is for the present dispensed with. Mr. Anupam Mishra, learned counsel accepts notice on behalf of respondent No.15. Learned counsel for the respondents to file counter affidavit within four weeks. Rejoinder affidavit, if any, be filed within two weeks thereafter.The petitioner shall also file additional affidavit stating the following:- (1) The number of writ petitions earlier filed by the petitioner against respondent No.15. Copies of the said writ petitions and orders passed by the High Court on the same, shall also be filed. (2) The number of criminal cases registered against the petitioner and the details thereof as also their present status. (3) The number of cases of illegal mining registered against the petitioner or orders passed by the competent authorities imposing penalties for such illegal mining. Mr. Maninder Singh, learned Additional Solicitor General shall also take instructions from the respondents for whom he appears as to the modalities which the respondents propose to adopt in regard to verification and if necessary investigation into the allegations made in the writ petitions and for initiating proceedings wherever the same are necessary. We make it clear that if the authority competent to inquire into the matter finds it to be a fit case to initiate any inquiry or investigation they shall be free to do so. The present proceedings shall not be seen as an impediment for them to initiate legal action wherever such action is deemed necessary. List in the month of February, 2016." ;