JAGDISH Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Akhilesh Kalra for the petitioner. Sri A.K. Verma, Additional Chief Standing Counsel for the State and Sri Uttam Kumar Pathak for the respondent No. 4.

(2.) THIS writ petition by a person who is engaged in mining activities and is aspiring for the mining lease of the area in question, has been filed questioning the jurisdiction of the State Government to renew the lease of the respondent No. 4. Chahat Ram, who was granted lease in terms of the Government order dated 25.5.1995 under para 5 (3) of the said order for a period of five years with effect from 14.6.2001 and had applied for renewal under the provisions of Rule 6A of the U.P. Minor Mineral (Concession) Rules, 1963 (hereinafter referred to as Rules of 1963).

(3.) DURING the pendency of the writ petition the State Government passed an order on 7.8.2006 allowing the renewal of the lease for a period of further three years. The lease had come to an end on 13.6.2006 which was initially granted for five years in 2001 and by virtue of the aforesaid renewal, the lease period stood extended up to 13.5.2009. By means of the amendment application the aforesaid order dated 7.8.2006 has also been brought under challenge. This amendment has been allowed.