JUDGEMENT
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(1.) HEARD learned counsel for the petitioner and Shri Vishnu Pratap learned standing counsel on behalf of the respondents and perused the record.
(2.) THE petitioner, who held earlier mining lease, which was to expire, submitted an application for renewal, as contemplated under Rule 6 -A, U. P. Minor Minerals (Concession) Rules, 1963. The said application was found in order under Rules 6 -A read with Rule 6 of the said Rules, 1963. There was no application/prayer to condone delay in filing this application.
The District Magistrate/District Mines Officer, however, found that there was delay of 7 days in submitting the application, i.e. 7 days beyond six months as referred to in Rule 6 -A of the Rules, 1963. The District Magistrate referred the matter to the State Government with the recommendation to condone the delay as provided under Rule 6 -A(2) of Rules, 1963. The State Government rejected application of the petitioner vide impugned order dated May 19, 2006/annexure -9 to the writ petition on the ground that the petitioner has failed to show cause for the delay in submitting application for renewal of mining lease in his favour.
(3.) THE petitioner has prayed for issuing a writ, order or direction in the nature of certiorari quashing the impugned order dated 19 -5 -2006 passed by respondent No. 1/State of U. P. (annexure -9 of the writ petition) and also a writ of mandamus commanding the respondents -authorities to condone the delay of 7 days in filing the lease and another writ of mandamus to direct the respondent Nos. 1 and 2 to sign the lease deed and other usual lease deed.;
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