SUNIL Ambwani, J. - (1.) Heard Shri S. P. Singh, Senior Advocate as sisted by Shri O. P. Mishra and Shri J. S. Parihar for the petitioners. Shri Shashi Nandan, Senior Advocate assisted by Shri Rahul Agarwal appears for respondent Nos. 6 and 7. Learned Standing Counsel was heard for State respondents. With the consent of the parties the writ petition was finally heard at the admission stage.
(2.) THE petitioners have prayed for setting aside the order passed by Special Secretary, Geology and Mining Departments, State of U. P. dated 24. 1. 2008 al lowing the appeal and setting aside the order of District Magistrate dated 11. 9. 2006, for issuing Formmm -11 to Shri Manu Agrawal for and on behalf of M/s Rai Bharat Das and Brothers and to stop him from carrying on the mining. The appellate au thority has directed Form MM-11 to be issued to the firm with its original partners Shri Shyam Das Agrawal, Shri Ganesh Das Agrawal and Shri Shri Ram Agrawal the sons of the original partners. They have further prayed for a direction to the respondents not to interfere in the working and functioning of the petitioners in excavation, transportation, arid lifting of the mineral 'silica Sand'; and to issue a direction to the District Magistrate, Chitrakoot restraining him from giving form MM-11 or any transportation form to respondent No. 8. Brief facts giving rise to this writ petition are, that in the year 1971, a firm in the name and style of M/s Rai Bharat Das and Brothers 84, Johnstongunj, Allahabad was registered under the Indian Partnership Act, 1932 with Shri Lalta Prasad son of late Mahadeo Prasad; Narsingh Das and Ganesh Das both sons of Lalta Prasad; Shyam Das (minor) and Ram Das (minor), both sons of Bharat Das for carrying out mining work of 'silica Sand' in village Pardawan, district Banda. A mining lease was granted to the firm on 18. 1. 1973 for 'silica Sand' in village Pardawan Tehsil Mau, now District Chitrakoot for an area of 93. 15 hectares On 4. 12. 1981 the firm was granted another mining lease of 'silica Sand' in village Kota, Tehsil Bara, District Allahabad for an area of 18. 90 hectares. In the lease deed dated 4. 6. 1971 in respect of 'silica Sand' of village Pardawan district Banda the lessee was described as : "this INDENTURE made this fourth day of June 1971 corresponding to fourteenth day of Jaistha 1893 Saka Samvat between the Governor of Uttar Pradesh (hereinafter referred to as the State Government which expression shall where the context so admits be deemed to include the successors and assigns of the one part AND M/s Rai Bharat Das and Brothers 81, Johnstongunj, Allahabad a firm registered under the Indian Partnership Act, 1932 (2 of 1932) having their registered office at Allahabad and consisting of the partners (1) Lalta Prasad s/o Late Mahadeo Prasad, (2) Narsingh Das s/o Lalta Prasad, (3) Ganesh Das s/o Lalta Prasad, (4) Shyam Das (Minor s/o Bharat Das (5) Ram Das (Minor) s/o Bharat Das, all residents of 84, Johnstongunj, Allahabad (hereinafter referred to as the Lessee which expres sion where the context so admits be deemed to include all the said partners, their respective heirs, executors, legal representatives and permitted assigns of the other part. " In the lease deed dated 4. 12. 1981 in respect of 'silica Sand' in village Kota 1 District Allahabad the lessee was described as : "this InDENTURE made this fourth day of December 1981 correspond ing to thirteenth day of Agrahayana 1903 Saka era between the Government of Uttar Pradesh (hereinafter referred to as the State Government which ex pression shall where the context so admits be deemed to include the suc cessors and assigns) of the one part and Sri Lalta Prasad s/o Late Sri Mahadeo Prasad Agarwal aged 78 years, 4/0 127 Pandariba, Allahabad, (2) Sri Narsingh Das Agarwal s/o Lalta Prasad Agarwal aged 49 years, r/o 127 Pandariba, Allahabad, (3) Shri Ganesh Das Agarwal s/o Sri Lalta Prasad Agarwal aged 39 years, r/o 127 Pandariba, Allahabad, (4) Sri Shyam Das Agarwal s/o Sri Bharat Das Agarwal aged 27years, r/o 127 Pandariba, Allahabad, (5) Sri Ram Das Agarwal s/o Shri Bharat Das Agarwal aged 26 years, r/o 127 Pandariba, Allahabad, all carrying on business in partner ship under the firm name and style of M/s. Rai Bharat Das and Broth ers registered under the Indian Partnership Act, 1932 (9 of 1932) and having their registered office at 84, Johnstongunj, in the town of ALLAHABAD (here inafter referred to as the lessee which expression shall where the context so admits be deemed to include all the said partners, their respective heirs, executors, legal representatives and permitted assigns) of the other part. "
(3.) IT is alleged that Shri Lalta Prasad died on 27. 11. 1982. The firm was dis solved and was reconstituted as required under Section 42 (c) of the Indian Part nership Act, 1932; and with the consent of remaining four partners of the firm, the new firm was reconstituted with six partners namely Shri Narsingh Das Agarwal, Shri Ganesh Das Agarwal, Shri Shyam Das Agarwal, Shri Ram Das Agarwal, Shri Ghanshyam Das Agarwal and Shri Jairam Agarwal. Shri Narsingh Das Agarwal died on 4. 4. 1986. The firm was again dissolved and it is alleged that it was reconstituted on 18. 4. 1986 effective from 4. 4. 1986 consisting of remaining five partners namely Shri Ganesh Das Agarwal, Shri Shyam Das Agarwal, Shri Ram Das Agarwal, Shri Ghanshyam Das Agarwal and Shri Jai Ram Agarwal.;