ORDER M. Katju and Prakash Krishna, JJ.
1. Heard learned counsel for the parties.
2. The petitioner was granted a lease from 1998 to 2001. It is alleged in para 5 of the writ petition that the petitioner was not allowed to excavate the sand for the period of the lease. The petitioner made several representations to the District Magistrate, copies of which are Annexure-3 to the writ petition, but to no avail. The petitioner filed an appeal but that has been rejected stating that the appeal was not against any order vide Annexure-5 to the writ petition.
3. In our opinion, when the period of a lease has expired, the lessee cannot claim extension of the period of the lease on the ground that he was not permitted to operate the lease for the whole or part of the lease period vide Writ Petition No. 13638 of 1993, Jata Shanker Pandey v. Collector, decided on 5.10.1993 by a Division Bench of this Court. In these circumstances, the petitioner can only file an application claiming for refund of the lease amount or proportionate lease amount, as the case may be.
4. However, if the petitioner makes such an application, the same will be decided by the authority concerned preferably within two months thereafter in accordance with law.
5. The writ petition is disposed off accordingly.