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2016 Supreme(SC) 7

ANIL R.DAVE, ADARSH KUMAR GOEL
RAMAKANT DWIVEDI – Appellant
Versus
RAFIQ AHMAD – Respondent


Judgment :

Adarsh Kumar Goel, J.

1. Leave granted. This appeal has been preferred against order dated 18th June, 2015 passed by the High Court of Judicature at Allahabad in PIL No.35233 of 2015 granting an interim order against excavation of minor minerals by the appellant in respect of lease executed in his favour on 17th October, 2013.

2. In the impugned order, the High Court observed that lease granted to the appellant was in violation of its judgments dated 29th January, 2013 in Nar Narain Mishra versus The State of U.P., 2013(2) ADJ 166 and dated 12th September, 2014 Sukhan Singh versus State of U.P., 2014(11) ADJ 89. In Nar Narain Mishra, the operative part of the High Court order is as follows :-

“In the result, all the writ petitions are disposed with the following directions :-

1) The prayers made by the petitioners/applicants for considering their applications for renewal of their mining leases which were pending on 31/5/2012, and the applications for grant of fresh leases which were pending on 31/5/2012 are refused.

2) The Government Order dated 26/7/2012 and all consequent steps taken thereunder are quashed.

3) Notices issued by the District Magistrate inviting applications by












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