CH MANSA RAM AND SONS Vs. SECRETARY INDUSTRIES

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution by a firm named and styled Ch. Mansa Ram and Sons. It has been filed against the Secretary, Industries (B) Department, Government of Uttar Pradesh, Lucknow; The Secretary Forests Department, Government of Uttar Pradesh, Lucknow, Collector, Dehra Dun; Sri C. P. Sharma, Dehra Dun and Hindustan Sugar Mills, Ltd. (Cement Division) Branch Office, Dehra Dun.

(2.) According to the petition, the petitioner is a partnership firm consisting of three persons, Dr. Satya Prakash, Sri Vigyan, Prakash and Sri Dharam Prakash. They are all sons of Ch. Mansa Ram The managing partner is Vigyan Prakash through whom this writ petition has been filed by the firm. The firm holds' a certificate of approval granted to them by the State Government under Rule 5 of the Mineral Concession Rules, 1949. On 29-2-1952 the petitioner filed an application under Rule 6 of the Mineral Concession Rules to the Government, Uttar Pradesh through the Collector, Dehra Dun who has been authorised to receive such applications, for the grant of a mining lease covering an area of 360 acres comprising of Barkot village and Barkot Forest in the district of Dehra Dun. No orders on this application were passed. Therefore on 25-4-1952 the firm again applied to the Collector, Dehra Dun for the grant of a temporary permit for extraction of lime stone in the aforesaid area pending the grant of a permanent mining licence. Another application was made on 31-3-1952 to the Divisional Forest Officer, Dehra Dun Forest Division for the grant of a mining lease for lime-stone in Sansaru Khala Block, a part of which fell in the Reserved Forest Area and the petitioner was under the impression that it was the Divisional Forest Officer, who. would grant the lease. The petitioner was informed that, according to the instructions, even the lease of this land was to be granted by the District Magistrate.

(3.) Upto the 21st May, 1955 no orders were passed either for the grant of a mining lease or a temporary permit to extract lime-stone. On that date, by letter No. XXX-130-9 he was informed that the matter was pending consideration of the Government. The petitioner had also been writing to the Industries Department. Again, yet by another letter No. 1467(1) EP/XVIII-B.M. 25/52 dated 16-4-1956, the petitioner was informed that the matter was receiving attention of the Government. Upto the date of filing the petition, according to the petitioner, i.e., till July 1957, no orders had been passed on the petitioner's two applications.