WRIC/35351/2026 of M/S MATE SHREE ASSOCIATES Vs STATE OF U.P. AND 5 OTHERS on 6 October 2026

1. Mr. Birendra Singh, learned advocate appears on behalf of petitioner and submits, under challenge is order dated 23rd March, 2026 of the Commissioner sitting in appeal rejecting his client's application for stay. Pursuant thereto steps are being taken for recovery. He submits, allegation has been made of illegal mining at a time when petitioner restrained and there was no mining operation carried on. The inspection report is in respect of area outside the demise.

2. Dr. Rajeshwar Tripathi, learned advocate, Chief Standing Counsel appears for State. He submits, per section 24 in Mines and Minerals (Development and Regulation), Act, 1957 sudden inspection was done. Discovery of illegal mining was at a place bearing geo coordinates of the lease hold.

3. We have perused the rejection order. There has not been prima facie appreciation of merit of the allegation to reject the prayer for stay. In the circumstances, we direct respondent no. 3 (the Commissioner) to expedite the appeal and dispose of it. Till two weeks after decision is taken on the appeal, order impugned in it will remain stayed.

4. The writ petition is disposed of. October 7, 2026/Sumit S Versus Counsel for Petitioner(s) : Birendra Singh, Ratan Singh Counsel for Respondent(s) : C.S.C.

(Arindam Sinha,J.)

(Kunal Ravi Singh,J.) M/S Mate Shree Associates .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad