- (1.) HEARD Shri Birendra Singh, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
(2.) THE issue which arises for consideration is whether a legal heir of a person, in whose favour, an order for grant of mining lease was passed, dies before the execution of the lease deed, would be entitled to inherit the right of a lease deed, would be executed in her favour. The aforesaid issue is to be considered in the backdrop of the following facts.
(3.) HUSBAND of the petitioner made an application dated 17.08.2006 for grant of mining lease over gata no. 6, area 3.5 acre situate at village Roli Kalyanpur, tehsil Karvi, district Chitrakoot. Vide letter dated 17.02.2007, the District Magistrate, Chitrakoot intimated the husband of the petitioner that for approval of the mining lease, certain conditions would be fulfilled by him. Petitioner has asserted in the writ petition that after completing the formalities, the application of the husband of the petitioner was forwarded to the Regional Forest Officer, Chitrakoot for obtaining 'No Objection Certificate' on 17.08.2009. The 'No Objection Certificate' is alleged to have been issued by the Forest department on 05.03.2011. However, before the lease deed could be executed, the applicant Shri Dhirendra Pratap Singh died on 19.08.2011. After his death, petitioner moved an application dated 23.09.2011 with a prayer that the rights be transferred in her favour and lease be executed in her favour. When no action has been taken, petitioner filed Writ Petition No. 60414 of 2011, which was disposed of vide judgment and order dated 08.11.2011 by making following observations. "Taking into consideration the entire facts and circumstances of the case, the writ petition is disposed of with the direction to the District Magistrate, respondent no. 2 to pass appropriate orders in accordance with law on the petitioner's application dated 23.09.2011 within two weeks from the date a certified copy of this order is filed before the said authority. It is made clear that this Court has not adjudicated upon the claim of the petitioner on merits." In pursuance to the directions issued by this Court, the District Magistrate considered the application of the petitioner and vide order dated 26.11.2011 rejected the same on the ground that U.P. Minor Minerals (Concession) Rules, 1963 (in short Rules, 1963) does not contain any provision for either inheritance or transfer of the lease hold rights to an heir of the deceased lease holder.;