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Documents citing Ranvir Singh And Anr. vs State Of U.P. on 12 April, 2019

Devendra Signh vs State Of U.P. And Others on 25 February, 2020

Assailing the order of recovery impugned in the present petition, learned counsel for the petitioner has argued that in reply to the show cause notice earlier issued to the petitioner in respect of the alleged unauthorised mining, he had submitted a detailed reply to the respondent-authority on 13.3.2008, copy of which is filed as Annexure No.1 to the counter affidavit. However, the same has not been considered by the respondents while exercising power under Rule 58 of the U.P. Minor Mineral (Concession) Rules, 1963 which has been framed under the Mines and Minerals (Regulation and Development) Act 1957. Learned counsel for the petitioner has further relied upon a Division Bench judgment of this Court in the case of Ranvir Singh vs. State of U.P. and others reported in 2017 (1) ADJ 240 (DB) in which the law on the point has been discussed in detail. The Court in the said judgment has categorically held that even in the absence of the detailed guidelines available under the Rules, the minimum requirement of compliance of the natural justice is a must when the power being exercised is quasi judicial in nature. It has been held by the Division Bench that authority exercisable under Section 58 of the Act is clearly in the nature of quasi judicial exercise of power. Vide paragraph no.34, 35, 36 and 37 the Court has held thus:
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