- (1.) Petitioner has approached this Court seeking a writ of certiorari to quash the advertisement dated 16.09.2015 issued by District Magistrate, Sonbhadra, respondent no. 2 inviting application for grant of mining lease in respect of plot nos. 4783, 4785, 4786, 4787, 4811, 4812 and 4813, area 3.40 acre situate at village Billi Markundi, Tehsil Robertsganj, District Sonbhadra (hereinafter referred to as the 'plots in dispute').
(2.) According to the pleadings set out in the writ petition, the plots in dispute were jointly owned by one Ramdev and one Ghoorahu, father of respondent nos. 5 and 6, each having half share in the plots in dispute. Ramdev is alleged to have transferred his half share in favour of the petitioner through registered sale deed dated 30th June, 2009 and thereafter his name also came to be mutated in the revenue record in pursuance of an order dated 29.08.2009 passed by Naib Tehsildar, Robertsganj, District Sonbhadra under Section 34 of the Land Revenue Act in Case No. 616 of 2009. The plots in dispute along with certain other plots were subject matter of advertisement inviting applications for grant of mining lease. Respondent nos. 5 and 6 in pursuance whereof made an application in respect of plots in dispute. A No Objection Certificate dated 08.09.2015 is alleged to have been issued by the Divisional Forest Officer, Obra, Van Prabhag, Obra, District Sonbhadra. The petitioner on attaining knowledge of the fact, made a representation/objection before the District Magistrate, Sonbhadra dated 18.10.2015 seeking cancellation of the proceedings for granting mining lease in respect of plots in dispute on the allegation that he was share holder to the extent of the half share in the said plots and the respondent nos. 5 and 6 have not taken any No Objection Certificate from him. However, when no action has been taken, he has approached this Court by filing instant writ petition seeking the abovequoted relief.
(3.) We have heard Shri Madan Lal Srivastava, learned counsel for the petitioner and learned Standing Counsel representing the State respondents.;