Ms Astitva Anantraj Enterprises v. State of Uttarakhand

HIGH COURT OF UTTARAKHAND AT NAINITAL HON'BLE THE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND HON'BLE SRI JUSTICE ALOK MAHRA 19TH FEBRUARY, 2026 WRIT PETITION (M/B) NO. 872 OF 2025 M/s Astitva Anantraj Enterprises

…...Petitioner. Versus State of Uttarakhand & others

….Respondents.

Counsel for the Petitioner : Mr. A.S. Rawat, learned Senior Counsel assisted by Mr. Girveer Chand, learned counsel. Counsel for the State : Mr. C.S. Rawat, learned Chief Standing Counsel with Mr. Yogesh Chandra Tiwari, learned Standing Counsel. JUDGMENT :(per Mr. Manoj Kumar Gupta, C.J.)

1.

Heard Mr. A.S. Rawat, learned Senior Counsel assisted by Mr. Girveer Chand, learned counsel for the petitioner and Mr. C.S. Rawat, learned Chief Standing Counsel with Mr. Yogesh Chandra Tiwari, learned Standing Counsel for the State.

2.

The present writ petition has been filed praying for a writ of mandamus commanding the respondents to forthwith issue formal Government Order/ approval in favour of the petitioner for commencing mining operations in Kotiyalgaon, Yamuna River Mining Lot, Tehsil Barkot, District Uttarkashi in pursuance of the Letter of Intent dated

13.02.2024 and the subsequent compliance made by the petitioner.

3.

The case of the petitioner is that it was declared successful bidder in E-tender-cum-auction held on

16.12.2023 for allotment of mining lots along River Yamuna at Kotiyalgaon, Barkot. Thereafter, the Letter of Intent was issued on 13.02.2024. The demarcation of the mining lot as per conditions of the Letter of Intent was issued for approval of Chugan lease of sub-mineral sand, gravel boulder in favour of Mr. Vinod Dobhal, the proprietor of the petitioner-firm. Thereafter, other formalities were also completed, as were required of the petitioner. The petitioner has also deposited Rs.26.00 Lakh by way of security on 08.08.2024, however, till date, the respondents have not issued the formal Government Order and have thereby deprived the petitioner to commence the mining operations.

4.

A counter-affidavit has been filed on behalf of respondent no.1, in which, the afore-said facts have not been denied. It is stated that the matter is pending consideration at the Government level.

5.

If the Letter of Intent was issued way-back on

13.02.2024, we find no good reason on part of the State to not take final decision in the matter and sit over it for such a long period.

6.

Learned Chief Standing Counsel submits that the State would take decision within four weeks.

7.

Accordingly, the instant writ petition is disposed of with a direction to respondent no.1 to take final decision in respect of grant of approval on basis of the Letter of Intent dated 13.02.2024 within four weeks from today.

8.

Learned Chief Standing Counsel will communicate the instant order to the respondents for necessary compliance within a week.

9.

Pending application, if any, also stands disposed of.

MANOJ KUMAR GUPTA, C.J.

ALOK MAHRA, J. Dated: 19th February, 2026 NISHANT NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=ad3fcb5ca64340f5ddtia4c574afatifd63133605ca57cdctitiec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A055CFD19616905604 87E670C, cn=NISHANT KUMAR Date: 2026.02.20 12:28:14 +05'30'