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2013 Supreme(All) 309

ASHOK BHUSHAN, ABHINAVA UPADHYA
NAR NARAIN MISHRA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Mukesh Prasad, Ashish Malhotra, Pushpila Bisht, Birendra Singh, R.D. Tiwari, M.D. Singh “Shekhar”, Dev Brat Mukherjee, Siddharth Verma, Santosh Kumar Mishra, Madan Lal Srivastava, S.K. Dwivedi, S.R. Dwivedi, Ashish Kumar Nagvanshi, J.H. Khan, Gulrez Khan, S.K. Shukla, Ashok Malviya, Paritosh Kumar Malviya, Bhupendra Kumar Tripathi, Ramesh Rai, Sudhir Kumar Chandraul, Deo Prakash Singh, V.K. Jaiswal, Ramesh Upadhyaya, S.K. Singh, Santosh Kumar Pandey, W.H. Khan, Rahul Srivastava, S.P. Singh, Shailesh Tripathi, Dr. S.B. Maurya, Mrs. Mamta Maurya, Syed Imtiyaz Ali, R.K. Gupta, Rajesh Yadav, Shiv Sagar Singh, Om Prakash Tripathi, Abhishek Rai, Umesh Narain Sharma, Sandeep Kumar Srivastava, H.M. Srivastava, Neeraj Srivastava for the Petitioner; C.S.C., A.S.G.I. (2012/4091), Abusufiyan Azmi, A.K. Singh, Vivek Kumar for the Respondents.

JUDGMENT

Hon’ble Ashok Bhushan, J.—The petitioners, in all these writ petitions are claiming grant/renewal of mining lease of minor minerals in accordance with the provisions of Uttar Pradesh Minor Minerals (Concession) Rules, 1963 hereinafter called the “Rules, 1963”. In several writ petitions, there is challenge to the Government Order dated 31.5.2012 and subsequent Government Orders dated 2.7.2012, 5.7.2012, 26.7.2012 and 5.9.2012. The questions raised in all these writ petitions being inter-connected, all these writ petitions have been heard together and are being decided by this common judgment.

2. In Writ Petition No. 37725/2012, Nar Narain Mishra v. State of U.P., counter-affidavit and rejoinder-affidavits have been exchanged in which the State has also filed its written submission, hence the said writ petition is being treated to be the leading writ petition and reference to the pleadings in the said writ petition shall suffice to decide the controversy raised in all the writ petitions. Apart from noticing the fact that in the leading writ petition, facts in certain other writ petitions shall also be noted to fully appreciate all the issues raised in this bunch of writ petit



































































































































































































































































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