KALPNATH SINGH Vs. UDAI NATH

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal against the judgment and order dated 21.05.2008 passed by the Allahabad High Court in Civil Miscellaneous Writ Petition No. 49158 of 2007.

(3.) The facts very briefly are that on 04.01.2007, the District Magistrate, Varanasi, issued a public notice inviting applications from the general public for settling six vacant sand mining areas of District Varanasi under the Uttar Pradesh Minor Minerals (Concession) Rules, 1963 (for short "the Rules"). On 05.02.2007 the appellant and respondent No. 1 and two others applied for one of the six mining areas, namely, Mokalpur, Khand-I, Plot No. 349 measuring about 30 acres and furnished the documents mentioned in the public notice. By a notification dated 15.02.2007, Rules 6(1)(g) was introduced in the Rules requiring that in case the area applied for is having annual lease amount or dead rent, as the case may be, of rupees two lacs or more, then the applicant shall also furnish No Objection Certificate from the authorities mentioned therein. The Collector, Varanasi, issued a notice dated 02.04.2007 to all the applicants including the appellant and the respondent No. 1 to submit No Objection Certificate by 12.05.2007. While the respondent No. 1 submitted No Objection Certificate beyond the time stipulated in the notice of the District Magistrate, the appellant did not submit the No Objection Certificate. Thereafter, the Mine Supervisor, Varanasi, submitted a verification report on the merits of the four applicants and in this verification report inter-alia stated that all the four applications were complete and have been received on the same date and therefore their comparative preference will have to be determined under Rule 9(2)(e) of the Rules and on such determination the appellant, who has a better financial status than the respondent No. 1 and who also has experience of mining work and no other candidate had such experience in mining work, had to be given preference for grant of said mining lease. On 03.08.2007 the District Magistrate, Varanasi, sent the recommendations of the Mine Supervisor, Varanasi, to the State Government for grant of the mining lease for excavation of the sand area in favour of the appellant. On 21.09.2007, the State Government granted permission to the District Magistrate to execute lease in favour of the appellant for a period of 3 years for 30 acres in village Mokalpur, Khand-I, Plot No. 349 subject to completion of all formalities stipulated in the amendment to the Rules.