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2012 Supreme(All) 696

SUNIL AMBWANI, PANKAJ NAQVI
RAJ KUMAR CHAUDHARY – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Dev Brat Mukherjee and Om Prakash Singh for the Petitioner; Alok Kumar Singh, S.C. and C.S.C. for the Respondents.

JUDGMENT

By the Court.—We have heard Sri Dev Brat Mukherjee, learned counsel for the petitioner. Learned standing counsel appears for the State respondents.

2. The petitioner is aggrieved by order of the State Government by which it has rejected the petitioner’s application for renewal of mining lease of sand (minor mineral) in respect of plot No. 1910 M, area 10 acres in Lot No. II. The area was allotted to the petitioner, and mining lease was executed in 2001. The lease period came to an end in the year 2003, on which applications were invited. The petitioner claimed for renewal under Rule 6-A of the U.P. Minor Minerals (Concession) Rules 1963, and alleges that since he has not breached any of the conditions or provisions of lease, he was entitled for renewal of the lease in accordance with law.

3. It is submitted that petitioner’ application was forwarded by the District Magistrate, with his recommendation dated 31.1.2007, to the State Government. The State Government had earlier approved the renewal but that on account of elections to the State Legislative Assembly, and change of Government of the State, the opinion in renewal of mining lease was changed. The State Government is



















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