PADMA PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition is directed against the order dated 16.9.2009 passed by the District Magistrate, Allahabad in pursuance to the directions issued by the High Court dated 10.8.2009 in Writ Petition No.40769 of 2009, Smt. Padma Pandey v. State of U.P. & Ors. to dispose of the application for mining lease dated 17.2.2006 within six weeks of the receipt of the order. The District Magistrate has rejected the petitioner's application and has directed the area to be re-advertised. The petitioner has also prayed for a direction to the respondents to grant mining lease of mining plot no.725 of Khand-3 of Village Janwan, Tehsil-Bara, District-Allahabad measuring 5 acres.

(2.) The petitioner is engaged in the business of excavating minor mineral including grit, bolder and stone in respect of which mining leases are granted by the State Government through the District Magistrate under the U.P. Minor Mineral (Concession) Rules, 1963, made under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957.

(3.) The State Government by Government Order dated 16.10.2004 withdrew the auction lease system and directed the lease system to continue under Rule 24 of the Rules of 1963. Rule 72 of the Rules of 1963 provides for grant of mining lease after inviting application on Form MM-1. The District Magistrate, Allahabad advertised the availability of plots inviting applications for settlement of mining lease including Plot No.725 of Khand-3 in Village Janwan, Tehsil Bara, Distt. Allahabad vide notice dated 20.12.2004. Since there were less than 3 applications under Rule 72 (2), the District Magistrate extended the period for inviting applications for 7 days vide notice dated 20.12.2005. Since once again there were less than 3 applicants in pursuance to the notice of extension of period issued on 20.12.2005, the mining in plot no.725 at Sl.No.140 of the notification was not settled with anyone.