Court No. - 36 Case :- WRIT - C No. - 44647 of 2010 Petitioner :- Ram Abhilash Respondent :- State Of U.P. And Anr. Petitioner Counsel :- Mukesh Prasad Respondent Counsel :- C.S.C.,K.K. Ray Hon'ble Sheo Kumar Singh,J.
Hon’ble Rajesh Chandra,J.
Claim of the petitioner is for consideration of his application for renewal of
the mining lease for which he has already applied in accordance with the
procedure so provided.
On an examination, the Court finds an order of the Division Bench of the
Lucknow dated 3.5.2010 passed in Misc. Bench No.3967 of 2010 by which
respondents have been restrained from granting mining lease through renewal
or negotiation without publication in newspapers inviting open applications
for public auction.
On a consideration of the aforesaid interim order, Division Bench of this
Court in Writ Petition No.34190 of 2010 on 15.6.2010, directed the
respondent to entertain and pass appropriate order on the renewal application.
Court was of the view that validity of the provision of Rule 6-A of the Rules
has already been upheld and so long the provision is not struck down the right
of consideration for renewal cannot be negatived. Several decisions of this
Court on the issue has been referred.
Direction given in the order of the Lucknow Bench is based upon the general
proposition that was given while quashing the provisioons of para 60 (2) of
the U.P.Z.A.&L.R. Act. Here is the claim/case which is in the light of the
Mines and Minerals Rules. Thus in view of the detailed consideration and the
reasons given by this Court in W.P.No.34910 of 2010 we propose to pass the
same order.
Connect this writ petition with Writ(C) No.34910 of 2010.
Learned counsel for the State may file counter affidavit on or before the date
fixed.
As an interim measure, this Court directs that the respondent will process and
pass appropriate orders on the application of the petitioner which is said to be
submitted on 03.11.2009 in accordance with law which will be subject to the
decision in the writ petition.
Order Date :- 30.7.2010
VPC