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2008 Supreme(All) 1070
[2008(5) ADJ 146]
ALLAHABAD HIGH COURT
BEFORE : SUNIL AMBWANI, J.
M/s. RAI BHARAT DAS & BROTHERS AND OTHERS .......Petitioners
Versus
STATE OF U.P. AND OTHERS .........Respondents
(Civil Misc. Writ Petition No. 8433 of 2008, decided on 2nd May, 2008)
Counsel :
S.P. Singh, O.P. Mishra and J.S. Parihar for the Petitioners; Shashi Nandan and Rahul Agarwal for the Respondents.
Headnote:U.P. Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2002—Rules 15—Mineral Concession Rules, 1960—Rule 24-A(6), 48 and 33—U.P. Mineral (Concession) Rules, 1963—Rule 78—Partnership Act, 1932—Section 69(2), 42(c)—Enforcing rights under lease—Excavation, transportation and lifting of mineral “silica sand”—Grant of mining lease-deed of “silica sand” to petitioners-firm—That firm was dissolved due to death of one partner—And again was reconstituted—Thereafter, was again dissolved due to death of another partner—And it was again reconstituted—Thereafter, they filed renewal application by reconstituted firm—State Government refused to recognise reconstituted firm after family settlement on ground that it would amount to transfer of lease-hold rights—Transportation Rules of 2002 was applicable to both minor and major minerals—State Government, while deciding appeal under that Rule was not only concerned with issuance of Form MM-11 to authorised person, but was also under direction of High Court in W.P. No. 53444/06 dt. 24.7.2007 to decide disputed questions of fact—It did not commit any illegality in holding that firm could only be represented by original partners—Held, deeming provisions of renewal of leases under Rule 24-A (6) of Mineral Concession Rules, 1960, was not attracted in favour of a firm, which was dissolved—And was not registered after its reconstitution—Hence, impugned order passed by Special Secretary Geology & Mining Anubhag, Government of U.P., did not require any interference. [Paras 22, 25, 26, 27, 28 and 29]
Hon’ble Sunil Ambwani, J.—Heard Shri S.P. Singh, Senior Advocate assisted by Shri O.P. Mishra and Shri J.S. Parihar for the petitioners. Shri Shashi Nandan, Senior Advocate assisted by Shri Rahul Agarwal appears for respondent Nos. 6 and 7. Learned Standing Counsel was heard for State respondents. With the consent of the parties the writ petition was finally heard at the admission stage.
2. The petitioners have prayed for setting aside the order passed by Special Secretary, Geology and Mining Departments, State of U.P. dated 24.1.2008 allowing the appeal and setting aside the order of District Magistrate dated 11.9.2006, for issuing Form MM-11 to Shri Manu Agrawal for and on behalf of M/s Rai Bharat Das & Brothers and to stop him from carrying on the mining. The appellate authority has directed Form MM-11 to be issued to the firm with its original partners Shri Shyam Das Agrawal, Shri Ganesh Das Agrawal and Shri Shri Ram Agrawal the sons of the original partners. They have further prayed for a direction to the respondents not to interfere in the working and functioning of the petitioners in excavation, transportation, and lifting of the mineral ‘Silica Sand’; and to issue a direction to the District Magistrate, Chitrakoot restraining him from giving form MM-11 or any transportation form to respondent No. 8.
3. Brief facts giving rise to this writ petition are, that in the year 1971, a firm in the name and style of M/s Rai Bharat Das and Brothers 84, Johnstongunj, Allahabad was registered under the Indian Partnership Act, 1932 with Shri Lalta Prasad son of late Mahadeo Prasad; Narsingh Das and Ganesh Das both sons of Lalta Prasad; Shyam Das (minor) and Ram Das (minor), both sons of Bharat Das for carrying out mining work of ‘Silica Sand’ in village Pardawan, district Banda. A mining lease was granted to the firm on 18.1.1973 for ‘Silica Sand’ in village Pardawan Tehsil Mau, now District Chitrakoot for an area of 93.15 hectares. On 4.12.1981 the firm was granted another mining lease of ‘Silica Sand’ in village Kota, Tehsil Bara, District Allahabad for an area of 18.90 hectares. In the lease deed dated 4.6.1971 in respect of ‘Silica Sand’ of village Pardawan district Banda the lessee was described as :
“THIS INDENTURE made this fourth day of June 1971 corresponding to fourteenth day of Jaistha 1893 Saka Samvat between the Governor of Uttar Pradesh (hereinafter referred to as the State Government which expression shall where the context so admits be deemed to include the successors and assigns of the one part AND M/s Rai Bharat Das & Brothers 81, Johnstongunj, Allahabad a firm registered under the Indian Partnership Act, 1932 (2 of 1932) having their registered office at Allahabad and consisting of the partners (1) Lalta Prasad s/o Late Mahadeo Prasad, (2) Narsingh Das s/o Lalta Prasad, (3) Ganesh Das s/o Lalta Prasad, (4) Shyam Das (Minor s/o Bharat Das (5) Ram Das (Minor) s/o Bharat Das, all residents of 84, Johnstongunj, Allahabad (hereinafter referred to as the Lessee which expression where the context so admits be deemed to include all the said partners, their respective heirs, executors, legal representatives and permitted assigns of the other part.”
4. In the lease deed dated 4.12.1981 in respect of ‘Silica Sand’ in village Kota District Allahabad the lessee was described as :
“THIS INDENTURE made this fourth day of December 1981 corresponding to thirteenth day of Agrahayana 1903 Saka era between the Government of Uttar Pradesh (hereinafter referred to as the State Government which expression shall where the context so admits be deemed to include the successors and assigns) of the one part and Sri Lalta Prasad s/o Late Sri Mahadeo Prasad Agarwal aged 78 years, 4/0 127 Pandariba, Allahabad, (2) Sri Narsingh Das Agarwal s/o Lalta Prasad Agarwal aged 49 years, r/o 127 Pandariba, Allahabad, (3) Shri Ganesh Das Agarwal s/o Sri Lalta Prasad Agarwal aged 39 years, r/o 127 Pandariba, Allahabad, (4) Sri Shyam Das Agarwal s/o Sri
