Sunita Agarwal, J. - (1.) HEARD Sri Navin Sinha, learned Senior Advocate assisted by Sri S.S. Chauhan, learned counsel for the petitioners and Sri A.K. Upadhyay, learned Standing Counsel on behalf of the State.
(2.) THE petitioner is a partnership firm which was granted lease for the period with effect from 13.7.1995 to 12.7.2005 for excavation of minor minerals from the lease area. The initial period of lease was upto 12.7.2005 and as such for fresh lease, the petitioner has applied and got "No Objection Certificate" from the District Magistrate. Permission was granted on 30.12.2009 for executing the lease in the name of the partnership firm M/s. Krishna Stone Crushing Co., consisting of two partners namely Sri Awdhesh Kumar Pandey, petitioner No. 2 and Sri Kishore Kumar Pandey. Pursuant to the approval order dated 30.12.2009, a lease agreement was executed on 13.3.2010 and was registered. The period of lease was with effect from 13.3.2010 to 12.3.2020. In the meantime, a complaint has been received by the Principal Secretary, Department of Geology and Mining Civil Secretariat, U.P., Lucknow on which a direction has been given to the District Magistrate, Sonbhadra on 30.7.2013 to inquire into the matter. A report was submitted by the District Magistrate on 9.12.2013, pursuant to the show cause notice which was served on 13.9.2013 to the petitioner and the reply submitted by Sri Awadesh Kumar Pandey, petitioner No. 2. Another show cause notice for cancellation of the lease agreement was issued on 23.1.2014 to which the reply was submitted by Kishore Kumar Pandey on 29.1.2015. After consideration of the reply submitted by Sri Awadesh Kumar Pandey and Sri Kishore Kumar Pandey and the report submitted by Mines Officer on the representation of the complainant, the cancellation order was passed on 3.3.2015 on the ground of violation of Rule 19 of U.P. Minor Minerals (Concession) Rules, 1963.
(3.) THE consequential order was passed by the District Magistrate on 11.3.2015 restraining the petitioners from excavation and transportation of minor mineral under the lease agreement. Another order dated 13.3.2015 was passed asking the petitioner to deposit the MM -11 forms issued for Arazi No. 2751 area 4.00 acre pursuant to the lease agreement dated 13.3.2010, hence this writ petition.;