Arun Tandon, Anil Kumar, JJ. - (1.) LEARNED Standing Counsel represents respondent Nos. 1 and 2. Notice on behalf of respondent No. 3 has been accepted by Sri Shirish Chandra, Advocate. Respondents pray for and are granted a week's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within three days thereafter. List this matter on 13th July, 2015 when the matters pertaining to grant of lease of minor minerals are to be listed before the Bench of Hon'ble The Chief Justice at Lucknow.
(2.) PETITIONER , before this Court, seeks quashing of the order of the State Government dated 14th February, 2014 as well as the order of the District Magistrate, Siddhartha Nagar dated 21st May, 2014 (Annexure Nos. 4 and 5 to the present writ petition respectively). Facts in short leading to the present writ petition are that respondent No. 3 Mewa Lal is stated to have been granted mining lease for a period of three years i.e. from 4th August, 2009 to 3rd August, 2012. Respondent No. 3 could under law make an application for renewal of the lease six months prior to the expiry of the term of the earlier lease. It is stated that the application of respondent No. 3 for renewal of the lease remained pending upto 31st May, 2012 on which date the State Government came out with a notification under Rule 23 of the U.P. Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as the "Rules, 1963") declaring all vacant areas in the State of Uttar Pradesh to be available for grant of mining lease under Chapter IV of Rules, 1963 i.e. by auction/e -tendering.
(3.) A Division Bench of this Court in case of Nar Narayan Mishra v. State of U.P. and others,, 2013 (2) ADJ 166 (DB) had held that with the issuance of the notification dated 31st May, 2012 under Rule 23 of the U.P. Minor Minerals (Concession) Rules, 1963, notifying the vacant areas as now available to be settled only under Chapter IV of the U.P. Minor Minerals (Concession) Rules, 1963, all pending applications in the matter of grant of lease/renewal of lease under Chapter II stood rejected automatically. What logically followed is that subsequent to 31st May, 2012, even if there had been an order of approving the renewal of the term of the earlier lease but actual lease deed had not been executed then such execution could not have been done, inasmuch as on 31st May, 2012, the area covered by such expired leases was vacant within the meaning of U.P. Minor Minerals (Concession) Rules, 1963 as nobody had lease -rights over the area on the relevant date i.e. 31st May, 2012.;