Allahabad High Court
M/S R.C. GROUP OF COMPANIESversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court ordered the petitioner to file a fresh representation within three weeks and directed the District Magistrate to decide the matter within two months, without deciding the merits of the case.
Summary
The petitioner, M/s R.C. Group of Companies, challenged the cancellation of its mining lease and subsequent recovery orders issued by the District Magistrate/District Mining Officer of Gorakhpur. The petitioner claimed it had already filed a detailed reply before the Commissioner on 17.08.2026, but no decision had been rendered. The State argued that the petitioner could file a fresh representation before the District Magistrate, who would then decide the matter expeditiously. The High Court, noting the procedural lapse, directed the petitioner to file a fresh representation within three weeks, and the respondent to decide it within two months, without adjudicating the merits. The Court thus disposed of the writ petition, emphasizing that the substantive issues remain to be decided by the District Magistrate under the applicable rules.
Issues considered
- Whether the cancellation of the mining lease and the recovery orders can be challenged without a fresh representation before the District Magistrate.
- Whether the petitioner is entitled to relief directing the respondent to consider its grievances expeditiously.
Subjects
- mining lease
- lease cancellation
- recovery certificate
- writ petition
- fresh representation
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35553 of 2026
M/S R.C. Group Of Companies
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amar Nath Tiwari, Man Bahadur Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE INDRAJEET SHUKLA, J.
1. The order dated 28.05.2025 passed by the Respondent No.2 namely
District Magistrate, Gorakhpur/ District Mining Officer, District
Gorakhpur by which the mining lease of the petitioner was cancelled and
alleged outstanding dues towards royalty, TCS and DMF, the order of
recovery certificate dated 20.07.2026 issued by the District Magistrate to
the Officer Incharge (Collection) as well as Recovery Citation issued in
this regard are under challenge in the present writ petition.
2. It is argued that against the order of recovery dated 28.05.2025, a
detailed reply has already been submitted by the petitioner before the
Commissioner, Gorakhpur Division, Gorakhpur on 17.08.2026 but till
date no decision has been taken on the same, hence the present writ
petition.
3. On the other hand, it is argued by the learned Standing Counsel
appearing on behalf of State-respondent that in case the petitioner will
submit a fresh representation before the Respondent No.2 namely District
Magistrate, Gorakhpur/ District Mining Officer, District Gorakhpur, he
will consider and decide the same expeditiously.
4. Heard counsel for the parties.
5. In the facts and circumstances of the case and also in the interest of
justice, the present writ petition is disposed of finally permitting the
petitioner to move a fresh representation ventilating all his grievances
WRIC No. 35553 of 2026
2
before the respondent no.2 namely District Magistrate, Gorakhpur/
District Mining Officer, District Gorakhpur within a period of three
weeks from today along-with certified copy of this order. In case any
such representation is filed by the petitioner before the respondent no.2
within the time indicated hereinabove, he is directed to do the needful in
the matter as per procedure prescribed in law most expeditiously and
preferably within a period of two months from the date of filing of such
representation by the petitioner before him.
6. It is made clear that this Court has not adjudicated the case on merits. It
is upon respondent no.2 to pass order after considering the relevant Rules
as well as facts of the case.
(Indrajeet Shukla,J.) (Prakash Padia,J.)
September 9, 2026
Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
Checking your session…