B.S.CHAUHAN, J. - (1.) :- This writ petition has been filed for quashing the order dated 8th November, 2004 passed by the District Magistrate, Deoria rejecting the representation filed by the petitioner for grant of mining lease and for a direction upon the respondents to grant the mining lease to the petitioner on the basis of the Government Order dated 25th May, 1995.
(2.) The facts and circumstances giving rise to this case are that the petitioner discovered a mining area measuring 7.50 acres in Mahal Nadi of Chhot Gandak situate in Majhauliraj, Tahsil Salempur, District Deoria and on the basis of the Government Orrder dated 25th May, 1995, submitted an application on 4th June, 1996 for grant of miriing lease in her favour. However, instead of granting mining lease to the petitioner, the District Magistrate, Deoria passed an order granting the mining lease in favour of one Shri Mundrika Prasad Nishad for a period of three years. This order was challenged by the "petitioner in Writ Petition No. 3566 of 1989, which was dismissed as infructuous vide judgment and order dated 1-4-2004 but liberty was given to the petitioner to make a representation as permissible under law for grant of mining rights. The petitioner then submitted an application dated 15th May, 2004 before the District Magistrate, Deoria for grant of mining lease on the basis of Government Order dated 25th May, 1995. This application was rejected by the District Magistrate vide order dated 19th August, 2004. The petitioner then filed Writ Petition No. 40990 of 2004 for quashing the order dated 9th August, 2004. The petition was dismissed by this Court vide order dated 6th October, 2004 since the petitioner did not press the petition as he had already approached the concerned authority. The Court, however, observed that the representation filed by the petitioner would be decided within three weeks from the date of receipt of the order. The representation filed by the petitioner was rejected by the District Magistrate, Deoria vide order dated 8th November, 2004. Hence the present petition.
(3.) Mr. A. K. Singh, learned counsel for the petitioner submitted that the petitioner is entitled to grant of mining lease in her favour on the basis of the Government Order dated 25th May, 1995 as she had discovered the mining area in question and, therefore, the District Magistrate was not justified in rejecting her representation. He further submitted that the application for grant of mining lease had been filed on 4-6- 1996, though it had been considered and rejected on 1st April, 2004 after expiry of an unreasonable power of 8 years. The petitioner is entitled to get her application disposed of as per the law existing on the submission of her application.;