High Court · 2025

Counsel for t he Respondent s : Mr. Suyash Pant , St anding Counsel. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. The present writ pet it ion has been filed under Art icle 226 of t he Const it ut ion of I ndia wit h t he following prayers : - “ ( I ) I ssue a Writ or Order or direct ion in t he nat ure of m andam us direct ing respondent s t o ext end t he t im e in pursuance t o t he perm ission dat ed 30- 01- 2024 ( cont ained as Annexure No.6 t o t he writ pet it ion) and t o provide Code t o lift m inor m ineral t hrough e- Ravanna fort hwit h. ( I I ) I ssue a Writ or Order or direct ion in t he nat ure of m andam us direct ing respondent 1 no.3 t o t ake decision in view of let t er dat ed 25- 11- 2024 issued by respondent no.2 ( cont ained as Annexure No.9 t o t his writ pet it ion) fort hwit h. ( I I I ) I ssue any ot her writ order or direct ion, which t his Hon'ble Court m ay deem fit and proper in t he circum st ances of t he case; and ( I V) Award t he cost of t he writ pet it ion in favour of t he Pet it ioner.” 2 . Heard Mr. Parikshit Saini, learned counsel for t he pet it ioner and Mr. Suyash Pant , learned St anding Counsel for t he respondent s. 3 . Mr. Parikshit Saini, Advocat e, has cont ended t hat t he pet it ioner is a propriet orship firm . One Sulem an had given consent t hrough his affidavit dat ed

08.11.2023 t o lift m inor m ineral from his land. Thereaft er, on 09.11.2023, t he pet it ioner subm it t ed an applicat ion before t he respondent no.3 by deposit ing Rs.10,000/ - as fees for lift ing m inor m ineral ( m ud- soil) . The royalt y was also deposit ed by t he pet it ioner. Vide order dat ed 30.01.2024, t he respondent no.2 grant ed perm ission wit h 18 condit ions t o lift t he m inor m ineral. The said m inor m ineral was t o be lift ed wit hin a m ont h. Due t o illness of t he pet it ioner, he was not able t o lift t he m inor m ineral. Therefore, t he pet it ioner had 2 request ed for furt her one m ont h’s t im e t o lift t he m inor m ineral t hrough his applicat ion dat ed 11.03.2024. Aft er inquiry, revenue t eam subm it t ed it s report on

23.10.2024 t hat t he m inor m ineral has not been lift ed from t he spot , t herefore, furt her t im e can be grant ed t o t he pet it ioner t o lift t he m inor m ineral. Respondent no.2 sent a let t er t o t he respondent no.3 on

25.11.2024 m ent ioning t hat t he m inor m ineral has not been lift ed due t o m edical reason and perm ission is required t o lift m inor m ineral as royalt y and ot her necessary fees have already been deposit ed by t he pet it ioner. But , no act ion has been t aken on t he said let t er dat ed 25.11.2024. 4 . Mr. Parikshit Saini, Advocat e, has request ed t o decide t he present writ pet it ion direct ing t he respondent no.3, t he Dist rict Mines Officer, Haridwar t o decide t he let t er dat ed

25.11.2024 expedit iously as possible. 5 . Mr. Suyash Pant , Advocat e, has sought four weeks’ t im e t o decide t he said let t er dat ed 25.11.2024. 6 . Wit h t he consent of bot h t he part ies, t he present Writ Pet it ion ( WPMS No.3570 of 2024) is disposed of direct ing t he respondent no.3, t he Dist rict Mines Officer, Haridwar t o decide t he let t er dat ed 25.11.2024 3 as expedit iously as possible, but not lat er t han four weeks from t he dat e of product ion of t he cert ified copy of t his order. 7 . I t is m ade clear t hat t his Court has not expressed any opinion on t he m erit of t he case. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dt : 07.01.2025 Shiv / SHIV PRASAD DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=acdf10a01e98b19449a7dc3beb4e294826f188e8b0b97f 5b563a10cdbc9a7e37, postalCode=263001, st=UTTARAKHAND, serialNumber=4CD0F168562014610493BB96ADC0F2DE74454B2 4EE89DAA5FC5D31E01760E37D, cn=SHIV PRASAD 4