- (1.) LEARNED counsel for the petitioner sub - mitted that the present petition has been preferred mainly because of the inaction on the part of the respondents in not deciding an application, preferred by the petitioner for granting/renewing the mining lease for stones.
(2.) IT is submitted by the learned counsel for the petitioner that initially in the year, 1997 a mining lease for stone was granted in favour of the petitioner by the respondents for ten years. This lease is over in the year, 2007 and, therefore, an application was preferred by the petitioner for renewal of the mining lease, but, initially it was not granted, because the petitioner had not paid the requisite fee of Rs. 5,000/ -. Now the petitioner has put his house in order alongwith necessary dues etc. as per Annexure -8 to the rejoinder, filed by the petitioner and an application has been given for renewal of the mining lease for stones. This application has not yet been decided by the concerned respondent authorities and, therefore, let a suitable direction be given to the concerned respondent authorities, so that the application, preferred by the petitioner, which is at Annexure -8 to the rejoinder, filed by the petitioner, may be decided by the respondents, in accordance with law, rules, regulations, policies and the Government enforceable orders and after giving an adequate opportunity of being heard to the petitioner or to his representative. I have heard learned counsel for the respondents, who has submitted that, in fact, there is no legal vested right in the petitioner to get the mining lease for stones from the respondents. Nonetheless, the application preferred by the petitioner will be decided, in accordance with law, rules, regulations, policies etc.
(3.) IN view of the above submissions, I hereby direct respondent no. 2 and/or respondent no. 4 to decide the application, preferred by the present petitioner, which is at Annexure -8 to the rejoinder, filed by the petitioner, for grant of a fresh mining lease or for renewal of the mining lease for stones, in accordance with law, rules, regulations, policies and the Government enforceable orders and after giving an adequate opportunity of being heard to the petitioner or to his representative, as earlier as possible and practicable, preferably within a period of sixteen weeks from the date of receipt of a copy of this order.;