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2007 Supreme(All) 2983

R.N.MISRA, V.M.SAHAI
MOHD. HAKIM – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Krishna Kumar Chaurasiya for the Petitioner; S.C. for the Respondents.

JUDGMENT

By the Court.—The petitioner has filed this writ petition for renewal of the mining lease.

2. We have heard Shri Krishna Kumar Chaurasiya, learned Counsel for the petitioner and learned Standing Counsel for the respondents.

3. It appears from the contents of the petition that the mining lease was granted in favour of the petitioner for five years i.e. from 31.1.2003 to 30.1.2008. According to Rule 6A of the U.P. Minor Mineral (Concession) Rules, 1963 (hereinafter referred to as the ‘Rules’) the petitioner has applied for renewal of the lease in Form MM-1 (Ka) on 13.7.2007 i.e. before six months of the expiry of the original lease. The District Magistrate, Mirzapur (respondent No. 3) has not passed any order on his renewal application on the ground that ‘No Objection Certificate’ has to be obtained from the Forest Department. The petitioner has prayed for the issuance of writ of mandamus directing the respondent No. 3 to consider the renewal application of the petitioner without ‘No Objection Certificate of forest department and pass suitable orders.

4. The learned Counsel for the petitioner has urged that the petitioner had filed No Objection Certificate dated 4.7.2001 (Annexu










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