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2009 Supreme(All) 3884

V.M.SAHAI, Y.C.GUPTA
AJAY KUMAR SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Shyam Narayan Pandey for the Petitioner; Alok Kumar Singh and Vishnu Pratap, S.C. for the Respondents.

JUDGMENT

By the Court.—The short question that arises for consideration in this petition is whether on renewal of mining lease, the term of renewed mining lease would commence from the date on which the renewed mining lease deed was executed or from the next date of expiry of earlier lease?

2. The petitioner was granted mining lease on 27.1.1999 for a period of five years, which was to expire on 26.1.2004. As per the provision of Rule 6-A of Uttar Pradesh Minor Minerals (Concession) Rules 1963 (in brief the Rules), the application for renewal of lease had to be made by the lease holder six months before the expiry of lease. The petitioner made an application on 2.7.2003 for renewal of his mining lease. This application remained pending and meanwhile the lease period of petitioner came to an end on 26.1.2004. The District Magistrate, Mirzapur did not pass any order on the renewal application and the order was passed after more than three years. The order for renewal of mining lease was passed by the then District Magistrate, Mirzapur on 19.8.2006 and the order was issued on 21.8.2006 granting renewal of mining lease for a period of five years. This order was complied by the responden
















































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