JUDGMENT :- The petitioner was granted a mining lease after approval of the State Government on 20-5-2003. The lease deed was executed for a period of three years. The petitioner moved an application for cancellation of the lease on 8-11-2004. The District Magistrate issued a notice for recovery of four months royalty and for forfeiture of the security amount. Aggrieved by the said order, the petitioner filed an appeal before the Commissioner. The Commissioner by an order dated 12-5-2006 set aside the order of the District Magistrate and directed the petitioner to file a representation and the District Magistrate was directed to decide the matter afresh after giving opportunity to the petitioner. In consequence of the order of the Commissioner, the District Magistrate decided the matter afresh and passed the impugned order forfeiting security and directing the petitioner to pay royalty for the third semester 2004-05 (September). The order of the District Magistrate has been challenged by the petitioner.

2. It is submitted by the learned counsel for the petitioner that under Rule 58 of U. P. Minor Mineral (Concession) Rules, 1963, no order for forfeiture of security furnished by : th

Click Here to Read the rest of this document