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2002 Supreme(All) 69

G.P.MATHUR, U.S.TRIPATHI
KATWARU – Appellant
Versus
SPECIAL SECRETARY, INDUSTRIAL DEVELOPMENT ANUBHAG, U. P. GOVT. – Respondent


Advocates Appeared:
Ajit Kumar Singh, S.P.SINGH

G. P. MATHUR, J.

( 1 ) THE petitioner was granted a mining lease to excavate sand for a period of 3 years from 28. 10. 1998 to 29. 10. 2001. Before the expiry of his lease, he made an application on 19. 3. 2001 for renewal of the lease for a further period of 3 years. The District Officer, Gorakhpur, by his order dated 1. 10. 2001 sanctioned renewal of lease for a further period of 3 years, which was to expire on 26. 10. 2004. Virendra Singh, respondent No. 6 moved an application before the State government that in view of subsequent Government order dated 22. 9. 2001 the lease granted in favour of the petitioner on 24. 10. 1998 could not be renewed for a further period of 3 years. The state Government, thereafter, passed an order on 7. 12. 2001 by which the operation of the order dated 1,10. 2001 passed by District Officer, Gorakhpur, was suspended. By the same order, the district Officer was directed to submit his comments on the application moved by Virendra singh so that further action in the matter may be taken. Thereafter, the District Officer, gorakhpur, passed an order on 14-12. 2001 directing that the petitioner shall not be permitted to excavate sand until further orders















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