- (1.) Heard Sri Brajesh Pratap Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. Petitioner, before this Court, was granted lease under Uttar Pradesh Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as the "Rules, 1963") in the year 2003 for a period of 5 years i.e., between 9th December, 2003 to 8th December, 2008. It is the case of the petitioner that he made an application for renewal of the lease well within time in accordance with Rule-6A of Rules, 1963. The application was been granted and a fresh lease was executed on 22nd February, 2010. According to the petitioner, the term of the renewed lease has been fixed as 9th December, 2008 to 8th December, 2013.
(2.) It is further stated that the petitioner could not carry out the mining operations between 9th December, 2008 to 21st February, 2010 i.e., the period during which order for renewal of his lease had not been made and therefore, he made an application for grant of a fresh lease for the said period of 1 year, 2 months and 12 days. In the alternative it is submitted that the period of lease should be counted from the date of execution of the renewed dead i.e. 22nd February, 2010 and therefore, he is entitled to continue to operate the lease till 21st February, 2015. Representation made by the petitioner for the said reliefs has gone unheard. He has, therefore, approached this Court for a writ of mandamus directing the State-authorities to extend the period of lease of the petitioner for a period of 1 year, 2 months and 12 days and further not to grant any mining lease in respect of the plot in question. In the alternative, he has prayed for his consideration of his representation dated 9th February, 2014.
(3.) Learned counsel for the petitioner has referred to the Division Bench judgment of the High Court dated 21st December, 2009 passed in Writ Petition No. 67371 of 2009 [Ajay Kumar Singh v. The State of U.P. and others) as also to another Division Bench judgment of the High Court dated 28th November, 2011 passed in Writ Petition No. 41132 of 2011 [Heera Lal v. State of U.P. and others). He has also referred to the Government Order dated 31st July, 2014 where-under the State Government has permitted for extension of the term of the lease for the period when the lease holder has been stopped from mining for the reasons beyond his control/reasons for which he cannot be held responsible.;