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2002 Supreme(All) 619

S.R.SINGH, LAKSHMI BIHARI
INAM – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
J.H.Khan, Satya Prakash Singh, W.H.Khan

S. R. SINGH AND LAKSHMI BIHARI, JJ.

( 1 ) PETITIONER herein seeks the relief of certiorari to quash the Government Order dated 31. 3. 2002 (Annexure-1) and also for issuance of a writ of mandamus commanding the respondent No. 2 not to grant any extension of the term of mining lease granted to respondent No. 4 beyond 15. 4. 2002 by which the District Magistrate extended the period of lease upto 30. 4. 2002 in continuation of the earlier order dated 15. 3. 2002. The three-year term of the mining lease granted in favour of the 4th respondent came to an end by efflux of time on 5. 4. 2001.

( 2 ) INDISPUTABLY, under the mining policy of the Government, mining leases for minor mineral prior to 27. 8. 1994 used to be granted by auction/tender-cum-auction as provided in Chapter IV of the U. P. Minor Minerals (Concession) Rules, 1963 but by means of a G. O. dated 27. 8. 1994, it was decided to grant mining lease for operating minor minerals by inviting applications under chapter II of the Rules. But by means of G. O. dated 16. 3. 1999, the auction/tender-cum-auction system as provided in Chapter IV was again Introduced. However, it could not last long and by g. O. dated 30. 12. 2000, the sy








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