RAM LALI MISHRA Vs. STATE OF UP

JUDGEMENT

(1.) The Petitioner, in whose favour ten lease deeds were executed on 9th January, 2007 pursuant to the notice dated 6th May, 2006 issued under Rule 72 of the U.P. Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as the 'Rules'), has sought the quashing of the order dated 12th May, 2008 by which the said lease deeds have been cancelled by the State Government exercising suo motu revisional powers under Rule 78 of the Rules. The Petitioner has sought a further direction upon the Respondents to permit the mining as per the ten registered lease deeds and to extend the period of contract since the Petitioner was not permitted to mine from November, 2007 for a certain period.

(2.) It is stated that an advertisement was published by the District Magistrate, Sant Ravi Das Nagar on 6th May, 2006 inviting applications under Rule 72 of the Rules for granting mining leases for the ten sites in various villages of Tehsil Gyanpur.

(3.) The Petitioner and other persons submitted applications for grant of mining lease. The District Magistrate sent a letter dated 7th July, 2006 to the Director, Geology and Mining forwarding the proposals for granting mining lease in favour of the Petitioner for ten sites. Thereafter, the Special Secretary of the State Government sent a communication dated 3rd October, 2006 to the District Magistrate, Sant Ravi Das Nagar conveying the prior approval of the State Government for these ten sites but it was also mentioned that before granting the leases or executing the deeds, it should be ensured that the provisions of the Rules and Government Orders issued from time to time had been complied with. The In-charge Officer (Mines), Sant Ravi Das Nagar, Bhadohi then issued the order dated 20th November, 2006 approving the grant of the ten leases to the Petitioner for a period of three years subject to certain conditions made in the order. The lease deeds were thereafter executed on 9th January, 2007 by the In-charge Officer (Mines).