DONITA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) In the year 1995, the petition ers applied to the Government of Uttar Pradesh for grant of prospecting li cences under the Mineral Concession Rules, 1960 (hereinafter referred to as 'the Rules' ). Before any decision was taken on their applications, the State of Uttaranchal was created w. e. f. 09-11- 2000. After the creation of the State of Uttaranchal also, no decision on their applications was communicated to the petitioners. When the petitioners con tacted the second respondent - District Magistrate, Bageshwar - they were in formed that, as per Annexure 1 order dated 29-12-2004, the Government of Uttaranchal had rejected the applica tions. A copy of the said Government Order dated 29-12-2004 was supplied to the petitioners by the District Magis trate. As per Annexure 1 order dated 29-12-2004, the District Magistrate, Bageshwar was informed that the Gov ernment had decided to refuse the ap plications for grant of prospecting li cences in respect of an area of 8. 38 Sq. Kms. in Village Kunoli Sunera, District Bageshwar and the District Magistrate was directed that the said area be no tified inviting applications in accord ance with the Rules. However, no rea son was stated in Annexure 1 order for rejecting the applications. On the basis of Annexure 1 Government Order, the second respondent issued Annexure 2 notification dated 22-01-2005 inviting fresh applications for grant of prospect ing licence in respect of the above-men tioned area. In the said notification, though it was stated that the earlier ap plications had been rejected by the Government, the reason for such rejec tion was not indicated. In such circum stances, the petitioners filed this writ petition praying for quashing Annexures 1 and 2 and for directing respondent No. 1 to grant the prospect ing licences to the petitioners in respect of an area of 8. 38 Sq. Kms in Village Kunoli Sunera, District Bageshwar. They also prayed for restraining the re spondents from granting prospecting li cence to persons who applied pursuant to Annexure 2 notification.

(2.) THE writ petition was admitted on 26-07-2005. Though the petitioners had filed Civil Misc. Application No. 4750 of 2005 seeking stay of operation of Annexures 1 and 2 and an order re straining the respondents from granting prospecting licence to persons other than the petitioners in respect of an area of 8. 38 Sq. Kms. in Village Kunoli Sunera, the interim relief was not granted. However, it was directed that the grant of licence to persons other than those who had applied pursuant to the first notification shall be subject to further orders in the case.

(3.) A rejoinder affidavit has been filed by petitioner No. 4 on behalf of all the petitioners stating that the petition ers had not received Annexures CA1 to CA4 notices stated to have been sent from the office of the District Magis trate, Bageshwar.