- (1.) NOTICE on behalf of respondents No. 1 to 5, has been accepted by the learned Chief Standing Counsel and Smt. Bulbul Godiyal has accepted notice on behalf of respondent No. 6.
(2.) SINCE the counter -affidavit has been filed by the contesting respondent No. 6 and the rejoinder affidavit has also been filed and the facts, which are relevant, have been brought on record by means of the affidavits aforesaid, which do not stand disputed by the State, we proceed to decide the same with the consent of the parties counsel at the admission stage. Petitioner Anees Khan has filed this writ petition challenging the order passed by the State Government dated 31.8.2010 , by means of which the lease granted in favour of the petitioner for the mining area has been kept in abeyance and the extension has been granted to the opposite party No. 6, for carrying on the mining operations for an additional period of 8 months and 19 days. The order further says that for further extension of 11 months and 1 day, the District Magistrate may take a decision at his own level. In short, the facts of the case are that for the area in question a mining lease was granted to the respondent No. 6 on 20.4.2005. He started the mining operations but due to an interim order of stay passed by the High Court in Writ Petition No. 4015 (M/S) of 2005, Vijay Shanker v. State of UP. and others, on 18.7.2005, the mining operations could not be undertaken for the period commencing from 23.7.2005 to 11.4.2006. After the term of 3 years was over i.e. on 20.4.2008, an advertisement was published by the District Magistrate, Jalaun under Chapter - II of the U.P. Minor Mineral (Concession) Rules, 1963 (hereinafter referred to as the Rules, 1963), on 21.4.2008, inviting applications for grant of mining lease for a period of three years for excavating Balu and Mauram. In pursuance of the said advertisement, petitioner submitted his application for grant of lease in respect to Khand -I, Gata No. 240, Himmanpura, Tehsil, Kalpi, District Jalaun measuring 50 acres. This was the very plot with the same area, which was leased out to the respondent No. 6 in the year 2005.
(3.) SINCE the valuation of the lease was above rupees five lacs, recommendation was made by the Mining Officer to the District Magistrate for grant of lease to the petitioner. The District Magistrate gave his approval and then forwarded the same to the State Government in Praroop - 2 on 14.8.2008 for granting prior consent before issuing a formal order granting lease. This was done in view of the requirement prescribed in the G.O.. dated 16.10.2004. The State Government accorded its prior approval on 4.2.2010 with a direction that prior to grant of lease, the District Magistrate will ensure compliance of the provisions of the Rules, 1963.;