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2005 Supreme(HP) 258

V.K.GUPTA, K.C.SOOD
KALYAN SINGH – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
Ms. Jyotsna Rewal Dua, Advoate, for the Petitioners; Mr. M.S. Chandel, Advocate General with Ms. Abhilasha Kumari, Addl. Advocate Geeneral and Mr. J.K. Verma, Dy. Advocate General, for the Respondents No. 1 to 3; Mr. Kuldip Singh, Senior Advocate with Mr. Deepak Kaushal, Advocate, for the Respondent No. 4.

JUDGMENT

K.C. Sood, J. - The question which calls for our answer, in this writ petition, is whether a lease granted by the Government for the extraction of mineral, lime stone in this case, from the Government land, the ownership of which land changed during the period of lease to private persons, can be extended, after the expiry of the lease under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 read with Mineral Concession Rules, 1960. Undisputed facts.

2. The Petitioners are the residents of village Shiva Rudana in Tehsil Paonta Sahib of District Sirmaur. They are joint owners of the common/ shamlat land which measures 2123 bighas 15 biswas situate in Shiva Rudana Estate. In fact the villagers of village Shiva Rudana are admittedly proprietors of the shamlat land. The land owners of the estate pay land revenue for the shamlat Village Common Land to the State Government. This Shamlat land has not been partitioned amongst its various co-owners. There are rich deposits of high grade lime stone in the shamlat land.

3. The land in question vested in the State under the Himachal Pradesh Village Common Land (Vesting and Utilization) Act, 1974 ("1974 Act" fo













































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