Court No. - 21
Case :- WRIT - C No. - 18980 of 2019 Petitioner :- Kanak Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Man Mohan Singh Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
Present petition has been filed for the following relief :-
"I. Issue a writ, order, direction in the nature of mandamus commanding and directing the respondent no.1 to take a decision upon the letter dated 03.08.2015 sent by the respondent no.3 for the grant of approval for granting the mining lease in favour of the petitioner over Gata No.1 of Village-Dhuria, Tehsil-Chunar, District-Mirzapur (Annexure No.5 to the writ petition) within a stipulated period as may be fix by this Hon'ble Court.
II. Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent no.1, to decide the representation dated 15.03.2019 moved by the petitioner before him (Annexure No.7 to the writ petition) within a stipulated period as may be fix by the Hon'ble Court."
Case of the petitioner in nutshell is that by Government Order dated 31.5.2012, it was decided to grant the mining leases of minor minerals i.e. sand, found in the riverbed such as Morum, Bajri and Boulders under Chapter IV of the Rules of Minor Minerals (Concession) Rules, 1963. The said Government Order was amended on 26.2.2013.
Pursuant to the said Government policy, applications were invited in District Mirzapur and advertisement/notification dated 15.11.2014 and 9.12.2014 were published in News Papers for granting 74 mining leases and 107 mining leases in District-Mirzapur.
Pursuant to the said advertisement petitioner applied on 2.2.2015. The application of petitioner was forwarded by the District Magistrate, Mirzapur on 3.8.2015 to the Principal Secretary, State Government for approval. The letter sent by the District Magistrate, Mirzapur is pending consideration for approval before respondent no.1 since 2015. The petitioner thereafter made a representation before respondent no.1 on 15.3.2019 which is also pending consideration.
We have heard learned Counsel for the petitioner, learned Standing Counsel for respondent nos.1 to 4 and perused the records of the case.
From perusal of communication of the District Magistrate dated 3.8.2015, which is part of the record, it appears that no approval has been accorded on the application of petitioner, therefore, we direct respondent no.1 to take decision in accordance with law on the communication of the District Magistrate, Mirzapur dated 3.8.2015 and the representation of the petitioner dated 15.3.2019 expeditiously, preferably within a period three months from the date of production of certified copy of this order.
With the aforesaid observation, writ petition stands disposed of.
Order Date :- 29.5.2019 S. Singh