CHANDRAKANT PANDEY Vs. STATE OF U.P

JUDGEMENT

(1.) The petitioner was granted a storage licence upon his making an application on 16/1/2021 for a period of one year. The licence as was granted to the petitioner under the Uttar Pradesh Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2018 (hereinafter referred to as the "Rules, 2018") was to expire on 15/1/2022 and, therefore, he applied for the renewal even before the licence expired on 15/1/2022.

(2.) The petitioner on 31/12/2021 had, as mentioned above, applied for the renewal for a period of one year and the authorities also renewed the licence on 7/1/2022 till 7/3/2023. When the licence was renewed on 7/1/2022, the renewal was to be effective with effect from 8/3/2022 for a period of one year. When again the licence expired on 7/3/2023 the petitioner again applied for its renewal for a period of one year on 24/11/2022. This licence renewal application when was placed before the District Magistrate, he enquired from the Geological Department as to whether the licence could be renewed again for a period of another one year.

(3.) On 3/7/2023, the Director of Geological Department advised the District Magistrate relying upon the Rule 9 of the Rules, 2018 that the licence could be renewed only once. Thereafter the District Magistrate on the advice received from the Director of the Geological Department passed the impugned order on 6/9/2023 saying that as per the Rule 9 of the Rules, 2018, the licence could not be renewed, as it was earlier renewed once.