D.S.SINHA AND LAKSHML BIHARI, JJ. - (1.) Heard Sri Prakash Padia, learned counsel appearing for the petitioner, and Sri U. K. Pandey, the learned standing counsel of the State of U. P., representing the respondents.
(2.) INSTANT petition has been filed by the petitioner for grant of the following two reliefs : '(i) Issue, a writ, order, or direction include a writ in the nature of mandamus commanding the respondents to refund the money deposited by the petitioner in case the petitioner is not found eligible for the extension of the patta ; (ii) Issue, a writ, order, or direction including a writ in the nature of certiorari, quashing the order dated 10.5.1991 (Annexure -5 to this writ petition) ;' Sri Prakash Padia, the learned counsel of the petitioner, stated that relief No, (ii) is not pressed and the petition be treated to be continued to relief No. (i) only.
(3.) THE petitioner is a contractor. By an order dated 16th April. 1990, passed by the District Magistrate. Maharajganj, the petitioner was granted lease for excavation of sand in the area within village Balua (Ballia Nala) Tehsil Sadar, District Maharajganj, for a period of one year for a consideration of Rs. 22,000. The order of the District Magistrate was communicated to the petitioner vide communication dated 18th April, 1990, a copy of which is Annexure -1 to the writ petition.;