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2023 Supreme(UK) 485

RAVINDRA MAITHANI
Nandita Tiwari – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sanjay Bhatt.
For the Respondents: Anil Dabral, V.D. Bisen, B.D. Pande.

JUDGMENT :

RAVINDRA MAITHANI, J.

INTRODUCTION

1. A mining lease was granted to the husband of the petitioner, on 21.08.1976. It was renewed on multiple occasions. Last time, it was extended for ten years till 15.05.2002. The husband of the petitioner died in the year 2000. The petitioner moved an application on 07.06.2001 for further renewal of the lease. Meanwhile, certain villagers raised objections with regard to 14.328 hectares land of the lease area. By impugned Office Memorandum dated 27.02.2017, the respondent no. 1 recommended for renewal of the lease except 14.328 land of the lease area, on which objections were raised by the villagers of the village Pangchaura. This order dated 27.02.2017 has been challenged in this petition on the ground that this order wrongfully curtails the lease area. Subsequent to it, recommendation was made on 06.08.2001 for grant of lease in favour of the private respondents that has also been challenged by the petitioner. The petitioner has also sought other reliefs in the petition.

FACTS

2. Facts necessary to appreciate the controversy, briefly stated, are as follows:

    (i) On 21.08.1976, a mining lease having an area 49.70 hectares i.e. 123 acres withi

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