A.P.SEN, D.A.DESAI
State Of U. P. : Ashok Kumar – Appellant
Versus
Shiv Charan Sharma: Union Of India – Respondent
Judgment
DESAI, J. :- Special leave to appeal is granted in both the matters.
2. We have heard learned Attorney General for the State of U.P., Mr. R. K. Garg, for the petitioner/appellant in appeal arising out of S.L.P. (Civil) No. 1746 of 1981 and Mr. O.P. Rana for Shiv Charan Sharma, respondent in appeal arising out of S. L. P. (Civil) No. 2936 of 1981. Both these appeals arise out of a grant of lease for excavating sand and minor mineral from the leased area by the State of U.P. The grant was in favour of Ashok Kumar and Asha Ram, appellants in appeal arising out of S.L.P. (Civil) No. 1746 of 1981.
3. At the instance of Shiv Charan Sharma, one who failed to procure the lease, a revision application was preferred to the Central Government but it was dismissed. Hence he moved the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 7109 of 1980. A Division Bench of the High Court by its judgment dated 24-11-1980 allowed the writ petition and quashed and set aside the orders dated 16-2-1980 and 25-7-1980, the first by the State of U.P. and second in revision by Union of India and directed the State to grant lease after following the prescribed procedure in force at t
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