Court No. - 36 Case :- WRIT - C No. - 40042 of 2010 Petitioner :- Ram Milan Nishad Respondent :- State Of U.P. And Others Petitioner Counsel :- Mukesh Prasad Respondent Counsel :- C.S.C. Hon'ble Sheo Kumar Singh,J.
Hon’ble Rajesh Chandra,J.
Heard learned counsel for the petitioner and learned
Standing Counsel who appears for the respondents.
Prayer in this petition is to issue a writ of mandamus
directing the respondent no. 2 to issue a receipt in Form
“Ga” as recommended by the District Magistrate,
Maharajganj.
On the facts, it appears that the petitioner has applied for
mining lease and his matter has been recommended by the
District Magistrate to the respondent no. 2 and the decision
has to be taken by the respondent no. 2. A letter of the
District Magistrate dated 16.6.2010 is annexed as annexure
no. 3 to the writ petition.
As per Rules respondent no. 2 is required to take decision
normally within a period of 15 days from the date of receipt
of the recommendation from the District Magistrate but so far
respondent no. 2 has not taken any decision in the matter.
In view of the facts and circumstances of the case, petitioner
is directed to file certified copy of this order alongwith fresh
application before the respondent no. 2. On receipt of the
aforesaid application, the respondent no. 2 is directed to
decide the matter preferably within a period of 15 days from
the date of receipt of the move.
It is made clear that this court has not expressed any opinion
on the merits of the matter and it will be concern of the
concerned authority to take decision in accordance with law.
With the aforesaid observation writ petition stands disposed
of.
Order Date :- 13.7.2010
Sachdeva