KRISHNA KUMAR JAISWAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri S. P. Singh appearing for the respondent No. 4 and the learned standing counsel. Affidavits have been exchanged between the parties and with the consent of the parties the writ petition is being finally decided.

(2.) By this writ petition the petitioner has prayed for quashing the order dated 1-11- 2004 passed by the State of Uttar Pradesh dismissing the revision filed by the petitioner challenging the mining lease dated 21-6- 2004 granted in favour of respondent No.4. It has been further prayed that the order dated 21-6-2004 and the lease deed executed in pursuance thereof be quashed.

(3.) Brief facts of the case as emerge from the pleadings of the parties are :- An application was made by the respondent No.4 dated 18-10-2001 before the District Magistrate, Siddharth Nagar for grant of lease under the U. P. Minor Minerals (Concession) rules, 1963 over plots No. 375, 386, 390, 400, 410, 377Ka, 377Kha, 385, 388, 395, 399, 401, 409, 412, and 414 area of 6.00 acres situate in village Bargadwa, district Siddharth Nagar. Petitioner in his application has stated that the area in which lease has been applied is bhumidhari plots and the owners of the bhumidhari land have given consent in writing in favour of respondent No.4. No orders for grant of lease was issued by the District Magistrate on the said application. The respondent No.4 filed writ petition No. 31172 of 2003 Nisar Ahmed v. State of Uttar Pradesh & Others which was disposed of by the Division Bench of this Court vide its order dated 23-7-2003. The District Officer Siddharth Nagar was directed to consider and decide the application filed by the petitioner giving a reasoned order and after affording opportunity of hearing to all concerned. After the order of this Court dated 23-7-2003 the District Magistrate sanctioned the mining lease of ordinary sand for a period of three years with effect from 21-6-2004 to 20-6-2007. In pursuance of the order dated 21-6-2004 the lease deed was also executed on 21-6-2004 in favour of the respondent No.4. In pursuance of the advertisement dated 24-2-2003 issued by the District Magistrate for auction of the lease the petitioner being the highest bidder was granted the mining lease of sand bearing area of Tahsil Naugarh and Shauratgarh district Siddharth Nagar. After the approval of the State Government the lease was executed in favour of the petitioner on 17-6-2003. After the petitioner coining to know that the respondent No.4 has started mining operation in the adjacent area of the petitioner's lease area, a revision was filed by the petitioner under Rule 78 of the U. P. Minor Minerals (concession) Rules. 1963. The respondent No.4 was issued notice in the revision who appeared and filed his objection and reply. The State Government after hearing both the parties dismissed the revision vide its order dated 1-11-2004.