PURVANCHAL SEWA SAMITI Vs. STATE OF U.P.

JUDGEMENT

(1.) These two writ petitions filed by the same petitioners relating to mining lease granted to the petitioners have been heard together and are being disposed of by this common judgment.

(2.) Writ Petition No.7980/2007,"hereinafter referred to as the "First Writ Petition" has been filed by the petitioner challenging the order dated 23/1/2007, passed by the Mining Officer, Sonebhadra, prohibiting the petitioner from carrying on any mining operation on Plot No.7618 area 2.50 acres. Two counter affidavits have been filed in the writ petition, one sworn by Shri O.N. Kesarwani, on behalf of the Forest Department of the State dated 30/3/2007, and another has been sworn by Shri B.P.Yadav, Mining Officer dated 13/4/2007. Rejoinder affidavits have been filed by the petitioners to both the counter affidavits. A supplementary affidavit dated 11/3/2013,has also been been filed by the petitioner which has been taken on record.

(3.) Detail facts prior to grant of mining lease to the petitioner as well as subsequent to grant of mining lease to the petitioner dated 30/12/2006, has been brought on record by both the parties. The petitioner has been prohibited from carrying on mining operation by the Mines Officer on the ground that the position of no objection certificate issued by the Forest Department regarding the land in question is not clear in view of the order passed by the Additional District Judge dated 31/5/2003, reviewing its earlier order.