ANIL KUMAR SAHU Vs. SHIVSHAKTI AND CO GWALIOR

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order dated 07-10-2006 passed by the learned Single Judge in Writ Petition No. 1941 /2003.

(2.) THE respondent No. 1 was granted lease vide order dated 16-05-2001 for a period of ten years for extraction of flag stones area 4 hectare of Survey Nos. 953 and 954 situate at village Jakhoda, Tehsil and District, Gwalior. The present appellant, also submitted an application for grant of lease. His application was rejected.

(3.) THE Director, Department of Geology and Mining had taken the matter in suo motu revision in regard to grant of lease to the respondent No. 1 and thereafter, the lease granted in favour of the respondent No. 1 was cancelled by the Director, that was challenged by the respondent No. 1 before the writ Court. The writ Court observed that the lease of the land which was granted in favour of the respondent No. 1 was a forest land, hence, no lease could be granted in favour of the respondent No. 1. In the aforesaid order, the Court also observed that the lease granted in favour of the present appellant, is also illegal and contrary to law.