Court No. - 27 Case :- MISC. BENCH No. - 3753 of 2010 Petitioner :- Hafeez Ullah, S/O-Sri Abdul Shami, Respondent :- State Of U.P., Thru. Secretary, Mines & Minerals & Others Petitioner Counsel :- P.K. Khare Respondent Counsel :- C.S.C. Hon'ble Devi Prasad Singh,J.
Hon’ble Yogesh Chandra Gupta,J.
Shri Ram Nivas Additional District Magistrate, Shravasti is present in person.
Shri P.N.Gupta learned Chief Standing counsel submits that notification for
auction dated 17.4.2010 has been suspended and auction of the mining shall
be notified very soon.
He want’s a week time to proceed afresh in the matter in terms of order passed
by this Court.
List after a week. Personal appearance is exempted till further order passed
by this court.
Attention has been invited towards order dated 15.6.2010 passed by a
Division Bench of this court at Allahabad where it has been held that since
statutory rules 5, 6 and 6 A has not been struck down, the State has got right
to proceed by awarding mining contract through negotiations. Disagreement
has been shown by a Division Bench of High Court at Allahabad.
It is settled law that coordinate Bench has got no right to make any adverse
observation with regard to order passed by other Bench except to refer the
matter to larger Bench with own view. Without referring the matter to larger
bench, the order dated 15.6.2010 has been passed and certain observation has
been made. It is also settled law that unless original order is impugned writ
petition against the consequential order is not maintainable vide (2003) 5
SCC 669, Govt. of Maharashtra vs. Deokar’s Distillary and (2004) 3 ESC
1629, Ashok Pratap Singh Vs. State of U.P. and others. However, order
dated 15.6.2010 is taken on record.
Date :- 16.7.2010
Madhu