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2009 Supreme(MP) 290

A.K.PATNAIK, AJIT SINGH
JITENDRA SINGH – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
DHARMENDRA SHARMA, Manas Mohapatra, Naman Nagrath, R.P.AGRAWAL, S.B.UPADHYA, SANJAY AGRAWAL, VIVEKANAND AVASTHY,

Judgment

( 1. ) THE petitioners have filed this writ petition under Art. 226 of the constitution of India for declaring the provisions of Sections 10 and 24-A of the mines and Minerals (Development and Regulation) Act, 1957 (for short the act of 1957) and Rules 22 and 26 and Form k prescribed under Rule 31 of the mineral Concession Rules, 1960 (for short "the Rules of 1960") made thereunder as ultra vires the Constitution of India and for quashing the order dated 8-12-2006 of the State Government of Madhya Pradesh in the Mineral resources Department granting mining lease of the land of the petitioners in favour of the respondent No. 4 as well as the lease agreement dated 15-1-2007 executed between the State Government of Madhya Pradesh and the respondent No. 4 pursuant to the order dated 8-12-2006 of the State Government.

( 2. ) THE relevant facts briefly are that the petitioner No. 1 is the recorded Bhumiswami of land in khasra Nos. 56,57,354,369,370,371,372,374 and 390 situated at Village Sarda, Tehsil Rampur Naikin, District Sidhi. The petitioner No. 2 is the recorded Bhumiswami of the land in Khasra Nos. 283/430, 283/2, 203/2, 201/2, 219/2, 199/2, 120/2, 202/2 situated at Villag





























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