YAG DUTT SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN the year 1992, the petitioner was granted a mining lease for slate stone in an area measuring 43.93 hectares of land in District Gurgaon. This would be approximately 868 kanals 7 marlas of land. The lease was for a period of five years which was to expire on June 29, 1997. On June 2, 1997, the petitioner applied for the renewal of the lease. Finding that no order had been passed, the petitioner approached this court through CWP No. 11038 of 1997. Notice of the petition was issued to the respondents. A reply was filed. It was inter alia pleaded that the petitioner's application for renewal was pending and that it shall be decided 'on merits'. The writ petition was disposed of vide order dated August 26, 1997 with the direction to the respondents to decide the petitioner's case within two months. Vide order dated September 11, 1997, the Director, Mines and Geology rejected the petitioner's prayer for renewal of the lease. On January 7, 1999, the State of Haryana published a notice in the Government Gazette inviting applications for the grant of mining lease. On February 3, 1999, the petitioner approached this court through the present writ petition. He complains that his request for renewal of the lease has been wrongly rejected. He prays that the order dated September 11, 1997 be quashed and that the respondents be directed to renew the lease.

(2.) A written statement has been filed on behalf of the respondents. The claim made by the petitioner has been controverted.

(3.) THE two questions that arise for consideration are :-