Hon'ble S.C. Chaurasia,J.
Heard learned counsel for the petitioner and Sri N. C. Mehrotra, learned Addl. C.S.C.
By an order dated 04.01.2010 the State Government has stayed the operation of the order dated 26.12.2009 and the order dated 29.12.2009 passed by the District Authorities. In-spite of the fact that the orders were stayed by the State Government, while exercising the revisional jurisdiction, the revenue authorities have not permitted the petitioner to continue with the mining operation in terms of lease agreement, hence the present writ petition.
By an order dated 28.01.2010 this Court has directed the District Magistrate to file his personal affidavit giving parawise reply to the contents of the writ petition. District Magistrate, Shravasti Sri A. K. Singh is present in person. An order dated 29.01.23010 passed by the District Magistrate has been placed on record, which shows that status-quo ante has been maintained by the District Magistrate. Accordingly to that extent the writ petition looses its efficacy.
However, the District Magistrate stated that no application has made by the petitioner for issuance of form MM-11. In case it is so, then petitioner may move appropriate application to the District Magistrate, which shall be immediately considered and decided in accordance to rules.
The learned counsel for the petitioner also submits that on account of impugned order, the petitioner oculd not continue with the mining operation, hence, he claims the extension of mining period in the light of judgment of the Hon. Supreme Court reported in (2003) 1 Supreme Court Cases 726 - Beg Raj Singh Vs. State of U.P. and others.
Keeping in view the facts and circumstances of the case, for the purpose of extension of mining period, petitioner may also move appropriate application to the District Magistrate, who shall consider the application in the light of judgment of the Hon. Supreme Court in the case of Beg Raj Singh (supra) by passing a speaking and a reasoned order.
Keeping the statement given before this Court by the District Magistrate, the writ petition is disposed of finally directing the District Magistrate to proceed in terms of the observations made hereinabove.
Order Date :- 1.2.2010 psd