M/S P.S. Buildtech v. State Of Haryana And ORS

CWP 12661/2020

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP 12661/2020 Date of decision:25.08.2020 M/s P.S.Buildtech ..............Petitioner v.

State of Haryana and others ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Hon'ble Mr.Justice Sant Parkash Present:- Mr.Chetan Mittal, Senior Advocate assisted by Mr.Sehej Sandhawalia, Advocate for the petitioner. Jaswant Singh,J.

[The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual Court] Consequent upon acceptance of highest bid of the petitioner company, it was issued Letter of Intent dated 30.11.2015 (Annexure P-1) by respondent No.3-The Director General, Mines and Geology Department, Haryana, in respect of the Mining Block/area namely 'Kanalsi Block/YNR B 5' for sand minor mineral for nine (09) years subject to terms and conditions stipulated therein. Vide letter dated 24.12.2018 (P-2) petitioner applied to the Mining Officer, Mines and Geology Department,Yamunanagarrespondent no.4 for addition of Gravel and boulder in its existing MDL licence. The said request of the petitioner was accepted vide letter dated 12.6.2019 (P-4) subject to deposit of royalty for the said newly added minor minerals @ 25% over and above the rates prescribed under State Rules,2012 besides payment of additional R&R Fund in RAJINDER PARSHAD JOSHI 2020.08.27 12:50 I attest to the accuracy and integrity of this document

CWP 12661/2020 lieu of extraction of Boulder and Gravel (newly discovered mineral). Vide impugned order dated 12.07.2019 (P-5) the said additional permission to extract Boulder and Gravel was withdrawn by respondent no.4. Petitioner vide application dated 9.12.2019 (P-8) by citing losses being suffered by it expressed its inability to deposit the Government dues. Upon this, petitioner was granted personal hearing and ultimately, its appeal stood dismissed vide impugned appellate order dated 13.7.2020 (P-12) by Director General, Mines & Geology Department-respondent no.3. Hence the present writ petition challenging impugned orders P-5 and P-12. After arguing for sometime, learned counsel for the petitioner prays for permission to withdraw the present petition with liberty to file a fresh one with better particulars and under appropriate provisions of law.

Dismissed as withdrawn with liberty aforesaid. (Jaswant Singh) Judge 25.08.2020.

(Sant Parkash) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RAJINDER PARSHAD JOSHI 2020.08.27 12:50 I attest to the accuracy and integrity of this document