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MAHESH CHANDRA TRIPATHI, J. J. MUNIR
Principal Secretary Geology & Mining – Appellant
Versus
Vinay Kumar Singh – Respondent
JUDGMENT
Mahesh Chandra Tripathi, J.
Heard Mr. Pradeep Kumar Tripathi, learned Counsel for the applicants and Mr. Shashi Nandan, learned Senior Advocate assisted by Mr. Jai Singh Parihar, learned Counsel for the opposite party.
2. This review application has been filed for reviewing the judgement and order dated 30.09.2022 passed in Writ - C No. 37749 of 2019, Vinay Kumar Singh v. State of U.P. and others, wherein the Division Bench had proceeded to allow the petition with following observations/directions :
Royalty – Bidder is advised to inspect and satisfy itself regarding mining area before participating in bidding process.
The Mining Officer must independently assess refund claims regarding Sairat dues under amended rules, with proper reasoning required for decisions, ensuring jurisdictional compliance.
The court emphasized the limited scope of its jurisdiction in re-appraising factual findings and the need for evidence of legal inadmissibility or lack of support to challenge findings of fact.
The court emphasized the necessity of adjudicating on the legality of a demand notice for compensation in mining cases to prevent irreparable loss to the petitioner.
A party must demonstrate a specific legal interest adversely affected by an action to establish locus standi; executive guidelines can clarify laws but do not override statutory provisions.
The court cannot compel lease extensions in the absence of statutory provisions, affirming that obligations caused by judicial orders do not provide grounds for renewal requests outside established l....
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