Court No. - 38
Case :- WRIT - C No. - 38807 of 2018 Petitioner :- Ramesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Srivastava,Raj Narayan Singh Counsel for Respondent :- C.S.C.,
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Sri Arvind Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
By means of this writ petition, the petitioner has come to this Court with the grievance that his mining lease has been cancelled by the order dated 08.10.2018.
Learned Standing Counsel submits that against cancellation of mining lease, the petitioner has remedy under Rule 77 of the U.P. Mines and Minerals (Concession) Rules, 1963 (hereinafter referred as 'the Rules').
Learned counsel for the petitioner submits that under Rule 60 of the Rules the petitioner has to be given an opportunity before cancelling the lease, which has not been done instead the lease has been cancelled.
In our view, the petitioner can take such ground in appeal, which shall be considered and decided in accordance with law.
With the aforesaid observation, the writ petition is disposed of. Order Date :- 28.11.2018 Lbm/-
(Vivek Varma,J.) (Abhinava Upadhya,J.)