ANSUIYA DULARE Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Dev Prakash Singh Advocate on behalf of Raj Bahadur in both the writ petitions, Sri Mukesh Prasad Advocate on behalf of Ansuiya in both the writ petitions and Standing Counsel on behalf of the State respondents.

(2.) Smt. Ansuiya claims to have been granted a mining lease of sand/morrum under Chapter-II of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as 1963 Rules) in respect of Plot No. 60, Khasra No. 1/1, measuring 15 acres for the period of three years w.e.f. 1.1.2001. Even prior to the expiry of the said period, the petitioner moved an application for renewal of his mining lease on 31st December, 2003 with reference to Rule 6-A of the 1963 Rules. It is claimed that the lease was renewed for a period of three years and a fresh lease deed in form MM-3 was executed in favour of the petitioner on 29th June, 2004.

(3.) Despite the aforesaid, necessary form MM-11 was not issued to the petitioner despite his request in writing. As a matter of fact, on 27thAugust, 2004 the Mines Officer, Ch akoot required the petitioner to deposit a sum of Rs. 5,36,625/- as arrears of royalty. It is in these circumstances petitioner Ansuiya filed Writ Petition No. 44128 of 2004 before this Hon'ble Court for writ of mandamus commanding the State Authorities to issue MM-11 to Smt. Ansuiya. The writ petition was disposed of with a condition that if the petitioner deposits her dues within 10 days, his application for issuance of MM-11 shall be decided in accordance with law. The petitioner served a copy of this order upon the District Magistrate. Still MM-11 was not issued. She therefore approached the Commissioner after depositing requisite amount. However, on 4th April, 2004 the District Magistrate passed an order whereby the renewed lease in favour of the petitioner (Ansuiya), under the order of the District Magistrate dated 19th May, 2003, was cancelled on the ground amongst other that the petitioner was involved in illegal mining and was in arrears of Government dues to the tune of Rs. 5,36,625/-.