- (1.) The petitioner, a proprietorship concern, has filed the instant petition seeking quashing of order dated 21.10.2016 passed by the first respondent rejecting the representations dated 20.4.2016 and 3.10.2016, whereby the petitioner had requested the State Government to extend duration of the mining lease for the obstructed period of 1 year 11 months and 10 days and for a mandamus commanding the respondents to grant permission of mining to him for the obstructed period of 1 year 11 months and 10 days over plot No. 3536 Gha area 4.35 acre situated at Gram Bailli Markundi, Pargana Aghori, Tehsil Roberts-gtanj, District Sonbhadra.
(2.) The lease in favour of the petitioner was from 10.10.1996 to 9.10.2006. According to the petitioner, he could not operate the lease for the period 6.6.1998 to 1.3.2000 on account of an order passed by the District Magistrate, which later on was quashed in writ petition No. 29426 of 1998 by order of this Court dated 6.12.1999. The petitioner was again not able to operate the lease from 27.9.2001 to 19.12.2001 on account of another order of the District Magistrate dated 27.9.2001. Thus, according to the petitioner, he could not operate the lease for a total period of 1 year 11 months and 10 days. Consequently, the petitioner made representations dated 20.4.2016 and 3.10.2016 for being granted permission to operate the lease at the same site for the obstructed period and upon rejection of the representations by the impugned order, the instant writ petition has been filed.
(3.) Sri. W. H. Khan, learned senior counsel appearing on behalf of the petitioner has placed reliance on a judgment of the Supreme Court in Beg Raj Singh v. State of U.P., 2003 AIR(SC) 833 in contending that the petitioner has a right to seek extension of lease for the obstructed period.;