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2015 Supreme(All) 404

VIKRAM NATH, RAGHVENDRA KUMAR
JAGDISH PRASAD NISHAD – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Jagdish Prasad Nishad (In Person), Anurag Khanna, Ravi Prakash Singh and Ms. Kamini Jaiswal for the Petitioner; C.S.C., Manoj Kumar Dwivedi, Mohit Kumar Shukla, Sudeep Harkauli, Ravi Kant and Amit Saxena for the Respondents.

JUDGMENT

Hon’ble Vikram Nath, J.—This petition has been filed by one Jagdish Prasad Nishad, praying for issuance of writ of certiorari quashing four orders, collectively filed as Annexure 1, issued by the State Government dated 4.12.2012, bearing Nos. 3558, 3559, 3557 and 3599, whereby respondent Nos. 4 to 7 have been allowed to carry on mining activity for the obstructed period of their lease. Further relief claimed by the petitioner is to command the respondent authorities to restrain respondent Nos. 4 to 7 from carrying on any mining activity pursuant to the aforesaid four impugned orders, filed as Annexure 1. Lastly, it has been prayed that the respondent authorities be directed to settle the areas in question afresh in accordance with the provisions of the U.P. Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as the 1963 Rules).

2. In para 5 of the petition it has been stated that the respondent Nos. 4 to 7 were granted mining lease for a period of three years in the year 2010 and the respective lease period is given as follows :

“for respondent No. 4-from 04/1.2010 to 03/01/2013

for respondent No. 5-from 02/2.2010 to 01/02/2013

for respondent No. 6-from 22/1.201






































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