Court No. - 38
Case :- WRIT - C No. - 40226 of 2018 Petitioner :- Surat Nishad Respondent :- State Of U P And Another Counsel for Petitioner :- Sabhajeet Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Sri Sabhajeet Nishad, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
The petitioner has applied for mining lease for morum at Adhawal A-10 and A-11 on the river Yamuna, pursuant to a declaration for availability of mining lease dated 29.11.2014 along with both applications, the petitioner deposited application fee.
It is submitted that pursuant to a decision of this Court dated 01.05.2017 in the case of Gulab Chandra Mishra Vs. State of
U.P. and 2 others in Writ-C No. 1498 of 2015 and other connected matters, all the applications were rejected. According to learned counsel for the petitioner under Rule 15 of the U.P. Minor Mineral (Concession) Rules, 1963, the petitioner is entitled to refund of the application fee deposited by him. The petitioner has made representations before the District Magistrate, Fatehpur for refund of the said money on 11.08.2017 and 01.11.2018, which have not been decided as yet.
The writ petition is disposed of with the direction to the respondent no.2 - District Magistrate, Fatehpur to consider the claim of the petitioner and pass appropriate orders, in accordance with law, as far as possible, within a period of two weeks from the date of presentation of a certified copy of this order.
Order Date :- 19.12.2018 Lbm/-
(Vivek Varma,J.) (Abhinava Upadhya,J.)