HAFEEZ ULLAH S/O SRI ABDUL SHAMI Vs. STATE OF U.P. THRU. SECRETARY, MINES AND MINERALS AND ORS.
LAWS(ALL)-2010-4-398
HIGH COURT OF ALLAHABAD
Decided on April 27,2010

Hafeez Ullah S/O Sri Abdul Shami Appellant
VERSUS
State Of U.P. Thru. Secretary, Mines And Minerals And Ors. Respondents

JUDGEMENT

- (1.) ADMIT .
(2.) ISSUE notice to respondent No. 6 returnable at an early date. Apart from regular mode of service liberty is given to the petitioner to serve notice outside the court. After expiry of term with regard to mining lease instead of putting the area for public auction the revenue authority had proceeded to grant mining lease for the period of three months to the respondent No. 6 in pursuance to negotiation. It was done thrice. Hence, petitioner has approached this Court under Article of the Constitution of India by preferring a Writ Petition No. 3381 of 2010(MB). During hearing a statement was made by learned Standing counsel that no renewal shall be done and mining lease shall be granted through public auction and process shall be completed by first week of May. Keeping in view the statement made by learned Standing counsel on 20.4.2010 writ petition was disposed of finally and this Court directed to compete the public auction on or before 15th May, 2010.
(3.) SHRI P.K. Khare learned Counsel for the petitioner has invited attention of this Court towards the impugned notice dated 17.4.2010 (Annexure -1 to the writ petition) which shows that mining lease given to respondent No. 6 through negotiation and shall continue up to 30.6.2010 and only for the period of three months it shall be given on lease right from July to September through public auction.;


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