ARVINDAGRAWAL Vs. STATE OF U P

JUDGEMENT

(1.) The present writ petition has been filed for quashing the impugned order dated 7/8/2006 filed as Annexure 1 to the writ petition. Further prayer is for issuing a writ in the nature of mandamus directing the District Magistrate, Banda to grant mining lease to the petitioner in plot No. 332 in an area of 2 acres situate in village Barokhar Khurd, District Banda.

(2.) The facts arising out of the present writ petition are that on 8-8-2003 the petitioner submitted an application for grant of mining lease in plot No. 332 in an area of 2 acres situate in Village Barokhar, tehsil and district Banda for excavation of sand stones (Khanda. Boulder and Gitti). The application of the petitioner was submitted for grant of mining lease under Chapter-II of U. P. Minor Minerals (Concession) Rules, 1963 (in short the U. P. MMC Rules, 1963). The District Magistrate after having the application asked for a report from the S. D. M. /Geologist. A copy of the same has been filed as Annexure-2 to the writ petition. The Divisional Forest Officer gave a No-Objection Certificate for grant of mining lease vide its letter dated 5-9-2003. On 27-9-2003 the Assistant Geologist has also submitted a report indicating therein that the aforesaid plot can be awarded for mining lease and has recommended the case of the petitioner. After the report submitted by the authorities, the mining lease was required to be granted by the District Magistrate, Banda but the matter was kept pending and the District Magistrate has not passed any order although the requirement was complete on 27th September, 2003.

(3.) By 20th amendment in U. P. MMC. Rules, 1963 was inserted on 27-8-1994 and by means of the aforesaid amendment, Rule 72 was inserted in the U. P. Minor and Minerals Concession Rules, 1963. Rule 72 provides inviting application on availability of area for re-grant on mining lease to be notified. On 8-11-2004 the District Magistrate, Banda issued notice inviting applications for grant of mining lease regarding various other areas including the area of plot No. 332 of village Barokhar Khurd. Copy of the same has been filed as Annexure-5 to the writ petition. The application filed by the petitioner was not being considered by respondent No.2 deliberately though the same was filed prior to the amendment inserted in the rules. The formalities which were required to be done, were made by the petitioner prior to the notification issued by respondent No.2. The petitioner filed a writ petition before this Court bearing No. 52118 of 2004 and the said writ petition was disposed of finally vide its order dated 22-8-2005 and this Court has passed the following order :