BEG RAJ SINGH Vs. STATE OF UTTAR PRADESH
LAWS(SC)-2002-12-50
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on December 18,2002

BEG RAJ SINGH Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents


Cited Judgements :-

M P RAM MOHAN RAJA VS. STATE OF TAMIL NADU [LAWS(SC)-2007-4-140] [REFERRED TO]
STATE OF TAMIL NADU VS. P KRISHNAMURTHY [LAWS(SC)-2006-3-33] [REFERRED TO]
SWAMI SAMARTH SUGARS AND AGRO INDUSTRIES LTD VS. LOKNETE MARUTRAO GHULE PATIL DNYANESHWAR SAHAKARI SAKHAR KARKHANA LTD [LAWS(SC)-2022-7-62] [REFERRED TO]
RAM NARAIN VS. RAM LAL [LAWS(P&H)-2003-9-107] [REFERRED TO]
K SUBBIAH PANDIAN VS. ASSISTANT DIRECTOR OF PANCHAYAT [LAWS(MAD)-2009-7-745] [REFERRED TO]
GANV BHAVANCHO EKVOTT VS. SOUTH WESTERN RAILWAYS [LAWS(BOM)-2022-8-31] [REFERRED TO]
K NATHMAL VS. DISTRICT COLLECTOR [LAWS(MAD)-2003-4-6] [REFERRED TO]
DIRECTOR GENERAL OF FOREIGN TRADE UDYOG BHAWAN MINISTRY OF COMMERCE NEW DELHI VS. R B [LAWS(MAD)-2004-12-25] [REFERRED TO]
UNIVABS SLEEPERS PVT LTD VS. MINISTRY OF RAILWAY [LAWS(DLH)-2021-7-43] [REFERRED TO]
IN THE MATTER OF: UNITED POLY ENGINEERING PVT LTD VS. PRESIDING OFFICER LABOUR COURT [LAWS(DLH)-2023-1-191] [REFERRED TO]
AGORI NISHAD NAVIK EVAM MATASYA JEEVI SAHKARI SAMITI LTD. AND ANR. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2010-7-365] [REFERRED TO]
KHAIRATI VS. DIVISIONAL COMMISSIONER MEERUT [LAWS(ALL)-2003-1-45] [REFERRED TO]
RAMESH KUMAR VS. UNION OF INDIA UOI [LAWS(ALL)-2003-7-54] [REFERRED TO]
PROMITA DUTTA VS. STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-5-89] [REFERRED TO]
YOGESH KHARE VS. STATE OF M.P. [LAWS(MPH)-2014-10-84] [REFERRED TO]
A KUMAR VS. DISTRICT COLLECTOR KANCHEEPURAM KANCHEEPURAM DISTRICT [LAWS(MAD)-2010-3-651] [REFERRED TO]
DISTRICT COLLECTOR KANNIYAKUMARI VS. P VIJAYAN [LAWS(MAD)-2010-2-663] [REFERRED TO]
KURSHED SHARFUDEEN VS. IBP COMPANY LIMITED [LAWS(MAD)-2009-4-43] [REFERRED TO]
ANEES KHAN VS. STATE OF UP [LAWS(ALL)-2010-9-44] [REFERRED TO]
MOHAMMAD YUNUS HASAN VS. STATE OF U.P. [LAWS(ALL)-2016-3-175] [REFERRED TO]
SATYA PAL TOMAR VS. STATE OF U.P. [LAWS(ALL)-2014-9-43] [REFERRED TO]
NISHAD MAHASABHA SAHKARI SAMITI LTD, JAUNPUR VS. COLLECTOR/DIST MAGISTRATE, JAUNPUR AND OTHERS [LAWS(ALL)-2006-2-341] [REFERRED TO]
L Boomiraja VS. District Collector Dindigul District at Dindigul [LAWS(MAD)-2005-4-211] [REFERRED TO]
KANCHAN SAXENA SHRI R S SAXENA VS. STATE OF M P [LAWS(MPH)-2006-3-99] [REFERRED TO]
S V B L C CO OP SOCIETY LTD VS. DISTRICT PANCHAYAT OFFICER [LAWS(APH)-2003-7-79] [REFERRED TO]
R. S. MADIREDDY VS. UNION OF INDIA [LAWS(BOM)-2022-9-176] [REFERRED TO]
RAGHVIR SINGH AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2016-2-87] [REFERRED TO]
P. PALIWAL VS. HINDUSTAN ZINC LIMITED [LAWS(RAJ)-2017-11-11] [REFERRED TO]
KILKIESHWAR MINING COMPANY VS. STATE OF UTTARAKHAND [LAWS(UTN)-2014-5-1] [REFERRED TO]
ULTRATECH CEMENT LIMITED VS. UNION OF INDIA [LAWS(RAJ)-2021-9-213] [REFERRED TO]
MANAGEMENT OF MUNICIPAL CORPORATION OF DELHI VS. BHANWAR SINGH [LAWS(DLH)-2010-5-424] [REFERRED]
PAKARIA DUBA MATSHYAJIBI SAMABAYA SAMITY LTD VS. NO 29 NEKARA NEKERI SAMABAYA SAMITI LTD [LAWS(GAU)-2005-12-9] [REFERRED TO]
STATE OF TAMIL NADU, REP.BY ITS SECRETARY TO GOVERNMENT VS. M. SENTHILKUMAR [LAWS(MAD)-2012-2-559] [REFERRED TO]
RAMESH PRASAD SAO VS. STATE OF ODISHA [LAWS(ORI)-2019-11-36] [REFERRED TO]
ARCE POLYMERS PRIVATE LIMITED VS. ALPHINE PHARMACEUTICALS PRIVATE LIMITED [LAWS(SC)-2021-12-14] [REFERRED TO]
SURAJDEV SINGH @ SURAJ BABA S/O MAHENDRA SINGH VS. STATE OF BIHAR, THROUGH ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY, GOVT OF BIHAR [LAWS(PAT)-2019-4-33] [REFERRED TO]
SARDARMULL KANKARIA VS. CALCUTTA IMPROVEMENT TRUST [LAWS(CAL)-2003-8-26] [REFERRED TO]
RANJEET SINGH VS. STATE OF U P [LAWS(ALL)-2013-9-25] [REFERRED TO]
JAGRAM SINGH VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-1-176] [REFERRED TO]
AJAY KUMAR SINGH VS. STATE OF U P [LAWS(ALL)-2009-12-42] [REFERRED TO]
MONSUR ALAM AZAD VS. MD RAHIMUL HOQUE & ORS [LAWS(CAL)-2018-11-33] [REFERRED TO]
VIJAY JAISWAL VS. STATE OF M P [LAWS(MPH)-2005-12-38] [REFERRED TO]
KRISHNA CRUSHING PLANT VS. STATE OF M P & ORS [LAWS(MPH)-2013-4-219] [REFERRED]
MALI HARJIBHAI CHELABHAI VS. DY COLLECTOR [LAWS(GJH)-2015-6-76] [REFERRED TO]
VISHRUTH SURENDRA BEHANI VS. GUJARAT NATIONAL LAW UNIVERSITY [LAWS(GJH)-2019-6-71] [REFERRED TO]
K SAMBASIVA RAO VS. DISTRICT LEVEL COMMITTEE [LAWS(APH)-2003-4-136] [REFERRED TO]
GOVT OF A P REP VS. PALLAVA GRANITE INDUSTRIES INDIA PRIVATE LIMITED [LAWS(APH)-2004-3-121] [REFERRED TO]
JAI LAXMI CONSTRUCTIONS VS. STATE OF MAHARASHTRA [LAWS(BOM)-2012-8-174] [REFERRED TO]
AMBIKA MAHILA MATSYAVYAVASAYIK SAHAKARI SANSTHA LTD. VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2014-12-114] [REFERRED TO]
SWAMY VS. THIMMAMMA [LAWS(KAR)-2013-4-64] [REFERRED TO]
ALL INDIA IDBI OFFICERS ASSOCIATION VS. UNION OF INDIA [LAWS(BOM)-2022-9-173] [REFERRED TO]
CHARAN SINGH VS. STATE OF U P [LAWS(ALL)-2005-5-54] [REFERRED TO]
CHANDER BHUSAN SOOD VS. COAL INDIA LIMITED [LAWS(CAL)-2017-4-58] [REFERRED TO]
SALKHAN LIME WORKS ROBERTSGANJ SONBHADRA VS. STATE OF U P [LAWS(ALL)-2014-5-509] [REFERRED TO]
AIRPORTS AUTHORITY OF INDIA VS. GROVER INTERNATIONAL LTD [LAWS(DLH)-2011-1-367] [REFERRED TO]
COMMISSIONER OF SALES TAX M S MUMBAI VS. MOONLIGHT METAL INDUSTRIES PVT LTD [LAWS(BOM)-2010-4-140] [REFERRED TO]
LATE SHRI LAXMANRAOJI MOTGHARE CHARITABLE TRUST VS. MAHARASHTRA ANIMAL AND FISHERY SCIENCE UNIVERSITY [LAWS(BOM)-2013-8-117] [REFERRED TO]
RAJESH D DARBAR VS. NARASINGRAO [LAWS(KAR)-2003-4-47] [REFERRED TO]
BHAGWATI BROTHERS VS. LALLOOLAL & ANR. [LAWS(MPH)-2006-7-128] [REFERRED TO]
M/S FEDERAL MOGUL BEARING INDIA LTD. VS. BRIJ LAL [LAWS(HPH)-2016-12-15] [REFERRED TO]
SANTHIPRIYA MINERALS PVT. LTD. VS. STATE OF KARNATAKA [LAWS(KAR)-2020-3-128] [REFERRED TO]
ASWINI KUMAR PANDA VS. STATE OF ORISSA [LAWS(ORI)-2003-4-3] [REFERRED TO]
DISTRICT COLLECTOR VS. K ANBARASI [LAWS(MAD)-2011-3-78] [REFERERD TO]
C MUTHUKRISHNAN VS. DISTRICT COLLECTOR TIRUNELVELI DISTRICT [LAWS(MAD)-2011-8-158] [REFERRED TO]
STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT FORT ST GEORGE CHENNAI VS. COMMISSIONER GEOLOGY AND MINING GUINDY CHENNAI [LAWS(MAD)-2012-4-58] [REFERRED TO]
SHRI GANGA SYNDICATE VS. STATE OF M.P. AND ORS. [LAWS(MPH)-2019-1-324] [REFERRED TO]
STATE OF WEST BENGAL VS. MANDIRA CHATTERJEE [LAWS(SC)-2012-7-78] [REFERRED TO]
BIJITASWA ROUT VS. STATE OF WEST BENGAL [LAWS(CAL)-2012-12-19] [REFERRED TO]
PRAKASH HAZRA VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-3-152] [REFERRED TO]
RADHEY SHYAM YADAV VS. STATE OF U P THR SECY HOME LKO AND OTHERS [LAWS(ALL)-2019-1-133] [REFERRED TO]
UNITED CRUSHER VS. STATE OF U P AND OTHERS [LAWS(ALL)-2017-10-52] [REFERRED TO]
BASANT CABLES AND CONDUCTORS PVT LTD VS. UCO BANK [LAWS(GAU)-2005-8-52] [REFERRED TO]
JAI LAXMI CONSTRUCTIONS VS. JAYDATT KSHIRSAGAR [LAWS(BOM)-2012-8-9] [REFERRED TO]
Y V S REDDY VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2006-11-67] [REFERRED TO]
VALJI KHIMJI and COMPANY VS. O L OF HINDUSTAN NITRO PRODUCT GUJARAT LTD [LAWS(GJH)-2005-8-40] [REFERRED TO]
VIRENDRA KARSANBHAI SOLANKI VS. STATE OF GUJARAT [LAWS(GJH)-2012-6-1] [REFERRED TO]
URVAKUNJ NICOTINE LTD VS. UNION OF INDIA [LAWS(GJH)-2012-7-144] [REFERRED TO]
DOIWALA SEHKARI SHRAM SAMVIDA SAMITI LTD VS. STATE OF UTTARANCHAL [LAWS(SC)-2006-12-32] [REFERRED TO]
KAYAKUCHI GAON MEEN SAMABAI SAMITEE LTD. SARKAR VS. STATE OF ASSAM [LAWS(GAU)-2019-10-24] [REFERRED TO]
STATE OF UTTARAKHAND AND ORS. VS. KILKILESHWAR MINING CO. AND ORS. [LAWS(UTN)-2015-1-54] [REFERRED TO]
V RAJA VS. STATE OF TAMIL NADU [LAWS(MAD)-2011-8-173] [REFERRED TO]
P.MARIADOSS VS. THE DISTRICT COLLECTOR, KANCHEEPURAM DISTRICT [LAWS(MAD)-2016-7-135] [REFERRED]
C NARAYANA REDDY VS. COMMISSIONER OF PANCHAYAT RAJ AND RURAL EMPLOYMENT ANDHRA PRADESH HYDERABAD [LAWS(APH)-2003-12-131] [REFERRED TO]
DISTRICT COLLECTOR ERODE DISTRICT VS. S.S.ENTERPRISES [LAWS(MAD)-2019-12-190] [REFERRED TO]
G Gengavarajan VS. Chennai Metropolitan Development Authority [LAWS(MAD)-2004-9-10] [REFERRED TO]
RAJAN NISHAD VS. STATE OF U P [LAWS(ALL)-2006-3-24] [REFERRED TO]
SUBHASH CHAND GOYAL VS. U P FINANCIAL CORPORATION KANPUR [LAWS(ALL)-2005-3-82] [REFERRED TO]
VASHISHT KUMAR JAISWAL VS. STATE OF U P [LAWS(ALL)-2003-10-38] [REFERRED TO]
VIJAY KUMAR DWIVEDI VS. STATE OF U.P. & 3 ORS. [LAWS(ALL)-2016-6-30] [REFERRED]
RADHA DEVI VS. STATE OF U P AND OTHERS [LAWS(ALL)-2017-10-229] [REFERRED TO]
DR. SHISHIL WILLIAM VS. APPELLATE AUTHORITY [LAWS(RAJ)-2018-7-213] [REFERRED TO]
SARDA MINES PVT. LTD. VS. STATE OF ODISHA [LAWS(ORI)-2022-1-22] [REFERRED TO]
RAVI SHANKAR NAIK VS. STATE OF M P [LAWS(MPH)-2012-11-118] [REFERRED TO]
BALAJI CHEMIST VS. INDIAN RED CROSS SOCIETY AND GENERAL SECRETARY [LAWS(MPH)-2021-12-109] [REFERRED TO]
DHARMENDRA KUMAR SINGH VS. STATE OF UTTAR PRADESH [LAWS(SC)-2020-10-45] [REFERRED TO]
N. THANGAVEL VS. THE DISTRICT COLLECTOR, ERODE DISTRICT AND ORS. [LAWS(MAD)-2015-6-436] [REFERRED TO]
NISAR SONS AND ORS. VS. THE STATE OF MAHARASHTRA, MINISTRY OF REVENUE AND FOREST, MANTRALAYA AND ORS. [LAWS(BOM)-2016-3-128] [REFERRED TO]
KANHAIYA SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2006-7-132] [REFERRED TO]
RAM LALI MISHRA VS. STATE OF UP [LAWS(ALL)-2010-5-138] [REFERRED TO]
AMBIKA PRASAD SINGH VS. DEPUTY COMMISSIONER (FOOD) DEVI PATAN MANDAL GONDA [LAWS(ALL)-2014-9-470] [REFERRED TO]
CHHATRA SHAKTI CONSTRUCTION CO VS. STATE OF U P [LAWS(ALL)-2011-5-178] [REFERRED TO]
KOPPULA VEERA VENKATA SATYANARAYANA MURTHY VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2014-4-36] [REFERRED TO]
UNNIKRISHNAN NAIR G . S . VS. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT [LAWS(KER)-2019-2-129] [REFERRED TO]
K. RAMNARAYAN AND ORS. VS. PUKHRAJ AND ORS. [LAWS(RAJ)-2015-5-54] [REFERRED TO]
BITS AND BYTES VS. STATE OF M P [LAWS(MPH)-2009-10-34] [REFERRED TO]
DR.SONIA K DAS VS. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY KOCHI [LAWS(KER)-2022-3-102] [REFERRED TO]
LOKANATH PRADHAN VS. COLLECTOR, PURI & OTHERS [LAWS(ORI)-2018-4-157] [REFERRED TO]
V PURUSHOTHAMAN VS. M VELU GOUNDER; IRISSAMMAL; GOVINDARASU [LAWS(MAD)-2012-2-677] [REFERRED]
STATE OF TAMIL NADU AND ORS VS. S THANGAPANDIYAN [LAWS(MAD)-2012-4-335] [REFERRED]
P ASHOKAN VS. DISTRICT COLLECTOR; ASSISTANT DIRECTOR, GEOLOGY AND MINING DEPARTMENT [LAWS(MAD)-2016-9-188] [REFERRED]
UDAY KUMAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2005-3-136] [REFERRED TO]
SANJAY KUMAR VS. UNION OF INDIA [LAWS(UTN)-2010-8-124] [REFERRED TO]


JUDGEMENT

R. C. Lahoti, J. - (1.)The State of Uttar Pradesh took a policy decision as evidenced by G.O. dated 25-5-1995 for remission of the lease of the river bed Yamuna where sand and moram along with bajri bolder, reta or anyone of them is found in mixed condition. The policy decision contemplates such areas as are completely new and have been searched by the applicant himself being leased out on first come first serve basis. As provided by the G.O. based on the opinion of Directorate of Geology and Mining, the term of such lease shall normally be between three to five years.
(2.)The petitioner applied for one such sand mining lease in accordance with the policy decision contained in the G.O. The Collector, Gautam Budh Nagar granted the said lease to the petitioner. The lease was executed for a period of one year w.e.f. 3rd June, 1998. Before the expiry of the term of the lease, the petitioner sought for a renewal for another period of two years. The Collector granted such extension vide order dated 20-12-2000; the principal consideration for granting such renewal being that the lease, as originally executed, should have been for a minimum period of three years which having not been done and erroneously the lease having been executed for a period of one year, the petitioner was entitled to such extension for two years.
(3.)It appears that around the time when the petitioner was allowed the extension of two years, the Government had taken a decision to hold an auction of the sand mining lease. The respondent No. 3, a competitor aspirant of the petitioner, preferred a revision before the State Government against the order of the Collector dated 20-12-2000. The revision was filed after expiry of one year and four months from the date of the order of extension. The State Government condoned the delay in filing the revision on the ground that the revision was filed within the period of limitation calculated from the date of the knowledge of the respondent No. 3. The issue as to locus standi was also decided in favour of respondent No. 3. The State Government, vide its order dated 22-4-2002, set aside the order of the Collector influenced mainly by the consideration that the State Government having decided to hold an auction of the mining rights, the State Government was likely to gain higher revenue and, therefore, it was in public interest to transfer mining rights by holding an auction.


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