LALIT KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition has been filed by Lalit Kumar, petitioner, under Articles 226/227 of the Constitution of India, for issuing a writ of mandamus directing the official respondent to correct/rectify the middle line, wrongly shown in the site plan attached with the agreement, as North -South and to show it as East -West regarding khasra No. 103 min.

(2.) Briefly stated, the facts are that the State of Haryana (respondent No. 1) issued a public notice by way of Haryana Govt. Gazette Extra Ordinary dated 6.1.1999, declaring the different mining areas including the one measuring 3130 Kanals 7 Marias of Khasra No. 103 situate in village Chharora, District Gurgaon, available for the grant of mining lease for extraction of road metal and masonary stone (minor mineral), under the Punjab Minor Mineral Concession Rules, 1964 (hereinafter referred to as the 'Rules') with effect from 10.2.1999. The petitioner applied to the respondent -authority on 10.2.1999 on the prescribed from, for the grant of mining lease for road metal and missionary stone with respect to the above mentioned Khasra number along with all requisite documents . Respondent No. 4 Ashok Kumar Gupta proprietor of M/s Shriram Minerals also applied for this very mining area along with other applicants.

(3.) Instead of granting the above said mining area to one person, the authorities, for the reasons best known to them, divided the above said area into two plots i.e. plot No. 1 and 2 granted the mining lease of plot No. 2 in favour of the petitioner and that of plot No. 1 in favour of respondent No. 4, for a period of 10 years -. In this regard letter dated 21.5.1999 was issued in favour of the petitioner. He also submitted that stamp papers worth Rs. 18750/ - alongwith copies of the draft agreement, Akash Shajra and a demand draft for Rs. 10 lacs as security, before respondent No. 2 for the purpose of execution of the lease agreement, pursuant to the above said letter of grant dated 21.5.1999. Copy of the Akash Shajra dated 29.5.1999 prepared by the Patwari Halqa pertaining to village Chharora is annexed herewith as Annexure P -2. The lease agreement (copy annexure P -4) was executed according to which the petitioner was granted the mining lease of plot No. 2 in village Chharora, District Gurgaon of Khasra No. 103 min towards Chilla, measuring 86.8125 hectares, for a period of 10 years commencing from 2.6.1999. The symbolic possession was handed over to him on 12.7.1999. Lateron the Mining Officer wrote a letter (copy Annexure P -5) to the Naib Tehsildar to get the above said mining area demarcated including its boundaries between Chharora and Chilla queries. The actual possession of the above said mining area was handed over to the petitioner on 19.7.1999, vide Rapat Roznamcha No. 520 dated 19.7.1999 (copy Annexure P -6), pertaining to the lease area of Plot No. 2. It was further averred that respondent No. 4 was also handed over the possession of his lease area on 14.10.1999 vide Rapat Roznamcha No. 74 dated 14.10.1999 (copy Annexure P -7), in pursuance of his lease agreement over an area of 70 hectares in Plot No. 1 of Khasra No. 103 min towards village Sikho side.