Allahabad High Court
MURTAJAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition was disposed without granting the extension of the mining permit.
Summary
The petitioner, a mining operator, claimed that the Divisional Forest Officer had illegally obstructed the transport of mined material on a public road in Baghpat, causing the expiry of his mining permit. He sought a writ of mandamus directing the District Magistrate/District Mining Officer to extend the permit from 14 June 2026 to 12 August 2026 to avoid irreparable loss. The State, represented by the Standing Counsel, denied any obstruction and submitted an instruction dated 3 August 2026 stating that no obstruction existed. The Court noted that the petitioner could apply for renewal of the permit and, if done, the respondent must decide within three weeks, but it did not grant the requested extension. Consequently, the writ petition was disposed without relief.
Issues considered
- Whether the Divisional Forest Officer illegally obstructed the transport of mined material on a public road.
- Whether the petitioner is entitled to a mandamus directing the District Magistrate to extend the mining permit.
Subjects
- mining permit
- obstruction
- mandamus
- permit extension
- public way
- district magistrate
- mining law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 31481 of 2026
Murtaja
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Malik, Bramhapal Malick,
Pravindra Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 21
HON'BLE ARINDAM SINHA, J.
HON'BLE SATYA VEER SINGH, J.
1. Mr. Amit Malik, learned advocate appears for petitioner and submits, his
client has permission to carry out mining operation. There is illegal
obstruction to carrying the mined material through public way/rasta situate at
Gata no.728, Binauli, Baraut in District Baghpat. On query he submits,
respondent no.4 (the Divisional Forest Officer) is causing the obstruction.
2. Mr. Sharad Chandra Upadhyay, learned advocate, Standing Counsel
appears for State. He submits, his instructions are, no obstruction was put up.
He hands up his instruction dated 3rd August, 2026 with copy to Mr. Malik.
3. Mr. Malik presses prayer (ii), reproduced below.
"(ii) Issue a writ order or direction in the nature of mandamus
commanding/directing the respondent no. 3 District Magistrate/District
Mining Officer, Baghpat to extend the date of permit from period
14.06.2026 to 12.08.2026 for next three months granting in favour of the
petitioner vide permit no. NOC/0E/2025/7/29/545535 dated 14.06.2026
or else the petitioner would suffer irreparable loss and injury."
He submits, due to the obstruction the period expired and, therefore, the
extension is necessary. Mr. Upadhyay reiterates, there was no obstruction.
4. Petitioner, if has not already applied for renewal, may do so. In event the
application is made, respondent no.3 is to consider it and inform decision
thereon within three weeks from date of the application made. Petitioner
WRIC No. 31481 of 2026
2
may rely on certified copy of this order before said respondent.
5. The writ petition is disposed of.
(Arindam Sinha,J.)
(Satya Veer Singh,J.)
September 11, 2026
Kpy
Digitally signed by :-
KAVLESHWAR PRASAD YADAV
High Court of Judicature at Allahabad
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