- (1.) LEARNED counsel for the petitioner states that he has received counter affidavit but does not intend to file any rejoinder affidavit.
(2.) HEARD Sri Virendra Singh, learned counsel appearing for the petitioner and also learned Additional Chief Standing Counsel representing the Opp parties.
(3.) THE prayer made in this petition is that appropriate direction be issued commanding respondents 1 and 2 to issue From MM -11 (Transit Form) enabling the petitioner to carry out mining operations over certain plots mentioned in the prayer clause situated in village Bhogpur Nala, Tahsil Najibabad, District Bijnor for a period of 17 months 23 days in view of the directions contained in order dated 30.5.2013 contained in Annexure 4 to the writ petition. It has been stated by the learned counsel for the petitioner that a lease for undertaking mining operations was granted to the petitioner with effect from 12th June 2006 for a period of three years. However, for certain reasons, the petitioner was directed to stop mining operations vide order dated 18.12.2007. Thus, it is submitted, he was not allowed to carry out mining operations for the entire term of lease. It is stated that on account of stoppage of mining operation, the petitioner, has been deprived of benefits accruing from mining operations for a period of 17 months and accordingly, on the request made by the petitioner and the instructions/directions sought by the District Magistrate, Bijnor, the State Govt by means of the letter dated 30th May 2013 has permitted the petitioner to undertake mining operation for the remainder period of 17 months and 23 days.;