MANOJ KUMAR SOOD Vs. STATE OF U P

JUDGEMENT

(1.) Petitioners, who are two in number, challenge the order of the State Government dated 07th September 2011 passed in Revision No. 172 (R)/SIGM/2011 in exercise of powers under Section 78 of the U.P. Minor Mineral (Concession) Rules, 1963 (hereinafter referred to as '1963 Rules'). Facts leading to the present writ petition are as follows: The District Magistrate, Sonebhadra published an advertisement on 18th July, 2009 inviting applications from prospective applicants for settling the mining rights in respect of excavation and transportation of Dola Stone qua plot No. 4478 Cha and 6229 Kha, area 3 acres respectively. The advertisement specifically referred to the Government order dated 30th December, 2000 and further provided that in respect of other conditions applicable the applicants may contact the office of the District Magistrate on any working day.

(2.) It may be recorded that although there was no mention of lease period in the advertisement but in terms of the Government order dated 30th December, 2000, in the other conditions as notified by the office of the District Magistrate dated 18.7.2009, the term of the lease was provided as ten years. The lease was to be granted in accordance with the preference provided under rule 63 of 1963 Rules.

(3.) From rule 63 of 1963 Rules it is apparently clear that if other things are found equal, the person making the first application in point of time shall be entitled to preference in the matter of grant of lease rights.