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Ramraja Traders – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Sri Shashi Nandan, learned Senior Counsel assisted by Sri Udayan Nandan, learned counsel appears on behalf of petitioner.
Learned Standing Counsel appears on behalf of State- Respondents.
1. A Notice Advertisement was published on 13.09.2018 by District Magistrate, Banda for the settlement of mining leases of sand/moram under the U.P. Minor Minerals (Concession) Rules, 1963 for 5 mining Blocks, by e-tendering and as per Condition No. 13 (6) of the Government Order dated 14.08.2017 respective applicants had to deposit Rs.15,000/- as application fee and 25% of the bid amount as earnest money separately for each area. That term and condition no.19 and 22 (1) of the Advertisement stipulated that within three days from the date of acceptance of bid, the successful bidder shall deposit the requisites mentioned therein and that before participating in the bid the bidders were first require to satisfy themselves by physically verifying the determined quantity of mineral and the approach road to the site. These clauses are reproduced for ready reference:
Tender - State Government may, either suo moto at any time or on an application made within ninety days from date of communication of the order, call for examine record relating to any order passed o....
The court emphasized the importance of adhering to lease conditions and highlighted that sympathy or mercy cannot override the terms and conditions of a lease agreement.
The decision to decline the renewal of the mining lease was upheld by the court, citing environmental concerns and the area being declared a 'No Mining Zone' through a notification dated 07.07.2017. ....
There cannot be a collateral challenge to an order by a respondent in a writ proceeding instituted by a petitioner for implementation of such order.
The court emphasized the importance of considering extenuating circumstances, such as the petitioner's medical condition, and held that arbitrary decisions without due consideration are not permissib....
The Additional Commissioner lacks the statutory authority to review his own orders under the U.P. Land Revenue Act, leading to the annulment of subsequent orders.
The court emphasized the principle that when a statute provides for a thing to be done in a particular manner, it must be done in that manner or not at all, and any other methods are barred.
The main legal point established in the judgment is the requirement for reasoned decisions based on relevant facts, the importance of providing an opportunity of personal hearing, and the need to rec....
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