Court No. - 40
Case :- WRIT - C No. - 36068 of 2018 Petitioner :- Sri Ramraja Traders Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Kartikeya Saran,Shashank Shekhar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
1. Heard Sri Kartikeya Saran, learned counsel for the petitioner and learned Standing Counsel for respondents.
2. The following reliefs have been prayed for by the petitioner:
"i. issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to accept the request of the petitioner with regard to the withdrawal of site for mining operation on plot no. 3/1/1 (Part-I) situated at Barsana Manpur, Tehsil Naraini, District Banda;
ii. issue an appropriate writ, order or direction in the nature of mandamus commanding the respondent no. 2 to refund the earnest money deposited by the petitioner in pursuance of the advertisement dated 13.09.2018 along with the interest @ 9% per annum;
iii. issue an appropriate writ, order or direction in the nature of mandamus commanding the respondent no. 2 to decide the representation dated 25.10.2018 of the petitioner (Annexure No. 4 to the writ petition);
iv. issue an appropriate writ, order or direction in the nature of mandamus commanding the respondent no. 2 to issue a survey panel to examine the exact quantity of mineral available on the site."
3. The contention raised by learned counsel for the petitioner is that as a matter of fact there are no minerals available as advertised and therefore, before the letter of intent is issued, the respondents be commanded to look into the grievance of petitioner and allow him to withdraw and also refund the earnest money.
4. We have considered the submissions raised and find that clause 22(1) of the advertisement dated 13.09.2018 reads as under:
^^22- 'krsaZ %& ¼1½ bZ&fufonk lg bZ&uhykeh eas Hkkx ysus ls iwoZ {ks= eas vkadfyr mi[kfut dh ek=k ,oa [kuu Lfky ds fy, igaqWp ekxZ vkfn ds lEcU/k eas ekSds dk fujh{k.k dj fcMj Lo;a vk'oLr gks ysaA bZ&fufonk lg bZ&uhykeh eas Hkkx yuss ds i'pkr bl lEcU/k eas fdlh Hkh izdkj dk nkok Lohdkj ugha fd;k tk;sxkA^^
5. In view of the aforesaid clause, the aforesaid relief cannot be granted as the petitioner had made the offer with open eyes.
6. Writ petition is misconceived and is dismissed. Order Date :- 30.10.2018 IrfanUddin