RAKESH KUMAR JAISWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri M.D. Mishra, learned counsel for the petitioner and the learned Standing Counsel, appearing for the respondents.

(2.) This petition had been initially filed seeking the following reliefs:

(3.) The case in the petition is that pursuant to an advertisement dtd. 20/11/2002, an auction was held on 7/1/2003 for extracting sand from certain river Ghats situated in Tehsil Farenda, District Maharajganj. The petitioner made the highest bid of Rs.1,95,000.00 which was accepted on annual premium of Rs.1,95,000.00. The petitioner deposited the entire amount of bid by 15/6/2004. A lease deed was executed on 16/6/2003 which was registered on 17/6/2003. It is alleged that due to drought, there was no sand in the leased mining area of the petitioner and there was no approach road to extract the sand from the leased area and as such, the petitioner made an application to the respondent no.3, District Magistrate on 15/6/2004 under Rule 16 of the U.P. Minor Minerals (Concession) Rules, 1963 to cancel his mining lease. Further, applications dtd. 14/9/2004 and 28/9/2004 were also submitted by the petitioner to cancel the lease granted in his favour. Another detailed application dtd. 22/12/2004 was filed seeking cancellation of the lease. On failure of respondents to cancel the lease deed, the present petition was filed. During the pendency of this petition, a citation dtd. 5/4/2004 was issued by the Tehsildar, Tehsil Nautanwa, district Maharajganj and therefore, on an application filed on behalf of the petitioner, the prayer was permitted to be amended and the following prayer was added as prayer no. 2A.