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2005 Supreme(All) 1120

B.S.CHAUHAN, DILIP GUPTA
SRIKANTI NISHAD – Appellant
Versus
STATE of U. P – Respondent


Advocates Appeared:
A.K.SINGH, S.N.Singh, VISHNU PRATAP SINGH

B. S. CHAUHAN, J.

( 1 ) :- This writ petition has been filed for quashing the order dated 8th November, 2004 passed by the district Magistrate, Deoria rejecting the representation filed by the petitioner for grant of mining lease and for a direction upon the respondents to grant the mining lease to the petitioner on the basis of the Government order dated 25th May, 1995.

( 2 ) THE facts and circumstances giving rise to this case are that the petitioner discovered a mining area measuring 7. 50 acres in Mahal Nadi of Chhot Gandak situate in majhauliraj, Tahsil Salempur, District deoria and on the basis of the Government orrder dated 25th May, 1995, submitted an application on 4th June, 1996 for grant of miriing lease in her favour. However, instead of granting mining lease to the petitioner, the District Magistrate, Deoria passed an order granting the mining lease in favour of one Shri Mundrika Prasad Nishad for a period of three years. This order was challenged by the "petitioner in Writ Petition No. 3566 of 1989, which was dismissed as infructuous vide judgment and order dated 1-4-2004 but liberty was given to the petitioner to make a representation as permissible under law for gra
















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