High Court of Judicature at Allahabad
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Krishna Kumar Gupta v. State Of U.P. And Others - WRIT - C No. 46027 of 2006  RD-AH 14302 (24 August 2006)
Hon'ble R.K. Agrawal, J.
Hon'ble Vikram Nath, J.
The grievance of the petitioner is that he is not being permitted to carry the minor minerals excavated from the land for which he is holding the mining permit. The road, which is motorable is not a private road and belongs to the public and is maintained by the District Rural Development Agency.
This Court in exercise of powers under Article 226 of the Constitution of India cannot decide such a dispute in the absence of relevant documents, and therefore, feels it proper to relegate the petitioner to the District Magistrate, Hamirpur, who shall decide the same in accordance with law within 15 days after giving opportunity of hearing to the petitioner and respondent no. 4 as also the District Rural Development Agency for finding out as to whether the road on which the petitioner is making claim for transporting the minor minerals, is a public road or a private road. If the District Magistrate comes to the conclusion that it is a public road then the petitioner may be allowed to transport the minerals in accordance with law.
The writ petition is disposed of as above.
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