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Allahabad High Court

MANGERAMversusTHE STATE OF U.P. AND 3 OTHERS

Decided

Holding

The court declined to grant mandamus or direct compensation, directing the petitioner to approach the District Magistrate for survey, assessment, and possible compensation, and disposed of the writ petition.

Summary

The petitioner filed a second writ petition alleging continued illegal mining on his agricultural land at Nali and Chak Marg, claiming damage to crops and seeking a mandamus to stop the mining and compensation for losses. The court noted that the earlier petition had been consigned after the State issued notices and was now aware of the offending party, having moved to recover a penalty. The court held that the matter of restoration and compensation falls within the administrative jurisdiction of the District Magistrate under the Uttar Pradesh Minor Minerals (Concession) Rules, 2021. Accordingly, the petitioner was directed to make a representation to the District Magistrate, who must assess the damage and decide on compensation within four weeks, providing reasons if denied. The writ petition was thereafter disposed of.

Issues considered

  • Whether the court should issue a mandamus directing the State to stop the illegal mining.
  • Whether the petitioner is entitled to compensation for damage caused by illegal mining.
  • Whether the petition should be referred to the District Magistrate for assessment and relief.

Legislation cited

Subjects

  • illegal mining
  • writ petition
  • mandamus
  • compensation
  • restoration
  • district magistrate
  • minor minerals
  • Uttar Pradesh

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                             WRIT - C No. - 28700 of 2026

Mangeram
                                                                               .....Petitioner(s)
                                            Versus

The State Of U.P. And 3 Others
                                                                            .....Respondent(s)

Counsel for Petitioner(s)                                      :     Rajesh Shukla
Counsel for Respondent(s)                                      :     C.S.C.

Court No. - 21
                   HON'BLE ARINDAM SINHA, J.
                   HON'BLE SUDHANSHU CHAUHAN, J.

1. Petitioner had moved this Court once again complaining illegal mining
in the land of Nali and Chakmarg. Paragraph 1 from order dated 24th
August, 2026, made on moving of the writ petition, is reproduced below.

     "1. Mr. Mohitosh Singh, learned advocate holding the brief appears on
     behalf of petitioner and submits, his client made complaints dated 19th
     November, 2025 and 7th February, 2026 in respect of illegal mining in
     the land of Nali and Chak Marg. Earlier too his client had complained
     and followed up by filing Writ-C no.5685 of 2024. Said writ petition was
     disposed of as consigned by co-ordinate Bench upon recording
     submission made on behalf of State. Paragraph 3 from the consignment
     order dated 1st March, 2024 is reproduced below.

           "3. Learned Standing Counsel, on the basis of instructions received, states

           that twice notices had been issued to the person against whom the

           petitioner alleges illegal mining. These notices are dated 2.11.2023 and

           23.12.2023 and that the matter is proceeding in accordance with law."


     The illegal mining is continuing, which is why his client is again before
     the Court."

Dr. Rajeshwar Tripathi, learned advocate, Chief Standing Counsel
appears for State.

2. Counter and rejoinder have come in. We are in possession of fact that
                                                                                                      WRIC No. 28700 of 2026
                                                                           2


                                    illegality has been discovered by State, inasmuch as State has moved for
                                    recovery of penalty. Mr. Singh submits, his client suffered damage to his
                                    agricultural land and crops. There be direction for restoration and
                                    compensation.

                                    3. Prayer (II) and (III) are reproduced below.

                                             "II. Issue a Writ order direction in the nature of the mandamus
                                             commanding the respondent to stop the illegal mining carry out by the
                                             opposite party.

                                             III. Issue a Writ order direction to compensate the petitioner for the loss
                                             incurred due to illegal mining carry out by the opposite party."

                                    Petitioner's first writ petition was directed to be consigned. As aforesaid,
                                    this is his second writ petition. State has taken steps to obtain recovery of
                                    penalty. Petitioner is entitled to relief per his prayer (III). We relegate the
                                    claim to respondent no.2 (the District Magistrate). Said respondent will
                                    cause survey and assess damage and loss suffered by petitioner. It is for
                                    State, in charge of the administration, to deal with the claim for
                                    restoration and compensation. Petitioner's persistent complaints have led
                                    State to discover the person who has caused the wrong doing. State has
                                    the power under the statutory provisions as well as Uttar Pradesh Minor
                                    Minerals (Concession) Rules, 2021.

                                    4. Petitioner will make representation to respondent no.2 along with
                                    certified copy of this order. Said respondent, within four weeks of the
                                    communication, to inform petitioner of decision taken on his claim.
                                    Within four weeks following, there be restoration and payment of
                                    compensation, if so decided. Otherwise reasons to be stated.

                                    5. The writ petition is disposed of.



                                                                                                      (Arindam Sinha,J.)



                                                                                                (Sudhanshu Chauhan,J.)
                                    September 29, 2026
                                    Mohini




Digitally signed by :-
MOHINI RAI
High Court of Judicature at Allahabad


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