AMITESH KUMAR SHUKLA AND ANOTHER Vs. STATE OF U P AND 2 OTHERS
LAWS(ALL)-2018-5-803
HIGH COURT OF ALLAHABAD
Decided on May 21,2018

Amitesh Kumar Shukla And Another Appellant
VERSUS
State Of U P And 2 Others Respondents

JUDGEMENT

- (1.) Heard Mr. Mukesh Prasad, learned counsel for the petitioners and Mr. Rajiv Singh, learned Standing Counsel for the respondents-State.
(2.) This writ petition challenges the order dated 21.09.2017 passed by the second respondent, rejecting the petitioners' representation seeking extension of lease period on the ground that for a period of 1 year 2 months and 10 days, they were obstructed from carrying on any mining activities. The lease deed was executed on 11.09.2009 for a period of three years and it expired on 10.09.2012. Even if, it is assumed that petitioners were obstructed for a period commencing from 01.07.2011 to 10.09.2012 from carrying on mining operations, that by itself, will not entitle the petitioners to file writ petition and seek extension of time as of right. At the most, petitioners have a right to seek damages in appropriate proceedings, if the petitioners claim is correct. On the grounds mentioned above and also on the ground of laches, this petition deserves to be dismissed. Order accordingly.;


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