Anil Kumar, J. - (1.) HEARD Dr. L.P. Mishra, learned Counsel for the petitioner and Sri Rakesh Srivastava, learned Standing Counsel on behalf of opposite parties.
(2.) BY means of the present writ petition, the petitioner has challenged the order dated 5.4.2006 passed by O.P. No. 1/Secretary, Department of Geology and Mines, Lucknow and the order dated 4.01.2006 passed by District Magistrate, Bijnore/O.P. No. 2. In brief the fact of the present case are tot he effect that the controversy in the present case relates to Mining lease in respect to the river bid of Tehsil Nagina District Bijnore.
(3.) AS per the submission made by the petitioner's counsel, the same was granted to the petitioner for three years w.e.f. 3.02.2006. However, during the intervening period i.e. 11.04.2003 to 15.07.2003 and 25.05.2005 to 10.10.2005, the petitioner was not allowed to continue the mining without any fault on his part. So, for the said period, he is liable to get the refund his royalty which is deposited with the opposite parties in view of the judgment passed by the Apex Court in the case of Subhash Chandra and Ors. v. Ram Milan and Ors. : AIR 1997 SC 1286.;