High Court · 2025

4. It has been submitted by the learned counsel for the petitioner that petitioner is a permanent resident of Village Palidawapur, Post Katghara Patti, Police Station Dostpur, District Sultanpur and he owned a JCB machine with Registration No.UP44 BT

4991. The Registration Certificate of the JCB machine has been filed as Annexure-1 to the writ petition. On 28.06.2025, Shashi Prakash Verma, Officer-in-charge of Mudila Police Chowki called the petitioner and asked him to bring his JCB machine to the Mudila Police Station where construction was going on and land levelling is required. The petitioner went with JCB machine to the police station to help in the construction work and started levelling the land. There was some shortage of soil/earth and the Chowki In-charge told the petitioner to manage one or two Tractors for loading soil and he would show the land from where the soil could be taken. The petitioner brought one Tractor with Trolley, which is registered in the name of his father and started loading the soil from the land shown by the Chowki In-charge. Suddenly, Uttam Kumar Tiwari, Sub-Divisional Magistrate, Kadipur appeared and saw the JCB machine and started enquiry from the driver of the JCB machine. After such enquiry/interrogation, the JCB machine and the Tractor-Trolley were seized.

5. It has been submitted that the Sub-Divisional Magistrate, Kadipur called the petitioner to his residence on 01.07.2025 at

10.30 PM and demanded an illegal gratification of Rs.3,00,000/- and only then his JCB machine and the Tractor- Trolley would be released. Till today, the petitioner has not paid any amount, therefore, his Tractor-Trolley and the JCB machine have not been released. Even the number plate of JCB machine was deliberately broken by the concerned authority, so that they can issue challan on the basis of no number plate.

6. It has been submitted that petitioner had excavated about 2 feet of soil from the land of Gata No.564/1 area 0.009 hectares on the road side and from Gata No.564/2 area 0.003 hectares, which is recorded in the name of Ram Kripal etc. only on instructions of Shashi Prakash Verma, Chowki In-charge. Since the petitioner is not at fault, he has filed this writ petition with the aforesaid prayers.

7. Learned Standing Counsel has produced before this Court instructions sent by Uttam Kumar Tiwari, Sub-Divisional Magistrate, Kadipur, District Sultanpur dated 17.08.2025, wherein it has been stated that on 28.06.2025, spot inspection was carried out by him along with Circle Officer, Kadipur and the In-charge Inspector, Kotwali, Kadipur and on the spot inspection, he found that JCB machine and the Tractor-Trolley were being used to dig soil. Since no papers could be produced regarding permission being granted under U.P. Minor Minerals (Concession) Rules, 2021 and the vehicles also having no registration number plate on them, the Mining Inspector, Sultanpur was informed, on which Naib Tehsildar, Dostpur and the Lekhpal were directed to make an enquiry and take necessary action in the matter. Both the vehicles were seized and taken to the Police Chowki Mudiladeeh. The driver of such vehicles were asked to contact the vehicle owner on phone and inform him to produce permission/order under the U.P. Minor Minerals (Concession) Rules, 2021. However, no such orders could be produced by the owner. A report in this regard was thereafter submitted by the Naib Tehsildar, Dostpur to the Sub- Divisional Magistrate, Kadipur that from Gata No.564/1 area

0.009 hectare, which is on the road side, and Gata No.564/2, area 0.003 hectares, which is in the name of Ram Kripal and others, 160 Cubic meters soil had been dug and transported illegally without any permission being sought from the competent authority. The District Magistrate was informed and he directed for seizure of the vehicles and imposing a compounding fees.

8. Additionally, the Assistant Divisional Transport Officer (Administration), Sultanpur was informed by letter dated

30.06.2025 to take appropriate action under the Motor Vehicles Act. The vehicle owners were issued show cause notice on

08.08.2025. However, the owners refused to take such notice and copies of the same were fixed on their door in presence of the witnesses. No application for release of vehicles under the U.P. Minor Minerals (Concession) Rules, 2021 has been received till date.

9. Instructions are kept on record.

10. This writ petition is disposed of with a direction to the petitioner to approach the authority concerned under the Minerals Conservation and Development Rules, 1958 within a week from today. If such an application is made, the same shall be considered in accordance with law and appropriate orders shall be passed thereon within two weeks thereafter. . (Brij Raj Singh, J.) (Sangeeta Chandra, J.) Order Date :- 18.8.2025 Rao/- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench

4. It has been submitted by the learned counsel for the petitioner that petitioner is a permanent resident of Village Palidawapur, Post Katghara Patti, Police Station Dostpur, District Sultanpur and he owned a JCB machine with Registration No.UP44 BT

4991. The Registration Certificate of the JCB machine has been filed as Annexure-1 to the writ petition. On 28.06.2025, Shashi Prakash Verma, Officer-in-charge of Mudila Police Chowki called the petitioner and asked him to bring his JCB machine to the Mudila Police Station where construction was going on and land levelling is required. The petitioner went with JCB machine to the police station to help in the construction work and started levelling the land. There was some shortage of soil/earth and the Chowki In-charge told the petitioner to manage one or two Tractors for loading soil and he would show the land from where the soil could be taken. The petitioner brought one Tractor with Trolley, which is registered in the name of his father and started loading the soil from the land shown by the Chowki In-charge. Suddenly, Uttam Kumar Tiwari, Sub-Divisional Magistrate, Kadipur appeared and saw the JCB machine and started enquiry from the driver of the JCB machine. After such enquiry/interrogation, the JCB machine and the Tractor-Trolley were seized.

5. It has been submitted that the Sub-Divisional Magistrate, Kadipur called the petitioner to his residence on 01.07.2025 at

10.30 PM and demanded an illegal gratification of Rs.3,00,000/- and only then his JCB machine and the Tractor- Trolley would be released. Till today, the petitioner has not paid any amount, therefore, his Tractor-Trolley and the JCB machine have not been released. Even the number plate of JCB machine was deliberately broken by the concerned authority, so that they can issue challan on the basis of no number plate.

6. It has been submitted that petitioner had excavated about 2 feet of soil from the land of Gata No.564/1 area 0.009 hectares on the road side and from Gata No.564/2 area 0.003 hectares, which is recorded in the name of Ram Kripal etc. only on instructions of Shashi Prakash Verma, Chowki In-charge. Since the petitioner is not at fault, he has filed this writ petition with the aforesaid prayers.

7. Learned Standing Counsel has produced before this Court instructions sent by Uttam Kumar Tiwari, Sub-Divisional Magistrate, Kadipur, District Sultanpur dated 17.08.2025, wherein it has been stated that on 28.06.2025, spot inspection was carried out by him along with Circle Officer, Kadipur and the In-charge Inspector, Kotwali, Kadipur and on the spot inspection, he found that JCB machine and the Tractor-Trolley were being used to dig soil. Since no papers could be produced regarding permission being granted under U.P. Minor Minerals (Concession) Rules, 2021 and the vehicles also having no registration number plate on them, the Mining Inspector, Sultanpur was informed, on which Naib Tehsildar, Dostpur and the Lekhpal were directed to make an enquiry and take necessary action in the matter. Both the vehicles were seized and taken to the Police Chowki Mudiladeeh. The driver of such vehicles were asked to contact the vehicle owner on phone and inform him to produce permission/order under the U.P. Minor Minerals (Concession) Rules, 2021. However, no such orders could be produced by the owner. A report in this regard was thereafter submitted by the Naib Tehsildar, Dostpur to the Sub- Divisional Magistrate, Kadipur that from Gata No.564/1 area

0.009 hectare, which is on the road side, and Gata No.564/2, area 0.003 hectares, which is in the name of Ram Kripal and others, 160 Cubic meters soil had been dug and transported illegally without any permission being sought from the competent authority. The District Magistrate was informed and he directed for seizure of the vehicles and imposing a compounding fees.

8. Additionally, the Assistant Divisional Transport Officer (Administration), Sultanpur was informed by letter dated

30.06.2025 to take appropriate action under the Motor Vehicles Act. The vehicle owners were issued show cause notice on

08.08.2025. However, the owners refused to take such notice and copies of the same were fixed on their door in presence of the witnesses. No application for release of vehicles under the U.P. Minor Minerals (Concession) Rules, 2021 has been received till date.

9. Instructions are kept on record.

10. This writ petition is disposed of with a direction to the petitioner to approach the authority concerned under the Minerals Conservation and Development Rules, 1958 within a week from today. If such an application is made, the same shall be considered in accordance with law and appropriate orders shall be passed thereon within two weeks thereafter. . (Brij Raj Singh, J.) (Sangeeta Chandra, J.) Order Date :- 18.8.2025 Rao/- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench