RAM LUBHAYA SEHGAL Vs. STATE OF M P

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution of India, the petitioner seeks issuance of an appropriate writ directing respondent No. 2 to renew the lease in pursuance of the order dated 28-11-1995, passed by the Commissioner in Appeal No. 263/94-95 (Annexure A ).

(2.) SHORT facts giving rise to the present petition are that the petitioner was granted a quarry lease for extraction of limestone as minor mineral over an area of 5 acres in village Gouraiya, tahsil Maihar, district Satna for a period from 17-6-1975 to 16-6-1985. The aforesaid quarry lease was renewed for a further period often years from 17-6-1985 to 16-6-1995. The petitioner applied for renewal of the said quarry lease and the Collector by order dated 6-6-1995 rejected the application filed by him. Aggrieved by the rejection of the application for renewal the petitioner filed an appeal before the Commissioner who by his order dated 28-11-1995 set aside the order of the Collector and allowed the appeal. It is the grievance of the petitioner that in spite of the order of the Commissioner lease deed renewing the quarry lease has not been executed.

(3.) IT appears that after the order of the Commissioner directing for renewal of the lease the petitioner was communicated by letter dated 21-3-1996 to complete certain formalities. The petitioner vide letter dated 4-4-1996 complied with all the formalities and submitted all the documents required and deposited the amount demanded. It is the grievance of the petitioner that even after complying all the requirements, respondent No. 2 Collector did not execute the lease deed and informed that in view of Rule 18 of the M. P. Minor Mineral Rules, 1996 which came into force with effect from 1-4-1996, it was not possible to execute the lease deed.