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2014 Supreme(MP) 90

S.K.GANGELE, D.K.PALIWAL
Ram Niwas Sharma – Appellant
Versus
State of M. P. – Respondent


Advocates:
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V. K. Bharadwaj with Anand Bharadwaj for petitioner; Raghvendra Dixit, Govt. Advocate for respondents/State.

JUDGMENT

Gangele J. 1. Short question is involved in deciding the writ petition

that whether the order passed by the Collector is within his power and authority and whether it is in violation of order dated 30.1.2012 passed in W.P.No.7567/2011. Respondents have also filed their reply. Hence, the petition is heard and disposed of finally.

2. The petitioner was granted a quarry lease of a land area four hectare of survey No.419, situate at village Mau, District Gwalior under the provisions of M.P.Minor Mineral Rules, 1996 (hereinafter referred as the ‘Rules of 1996’) for a period of ten years from 12.10.2000 to 11.10.2010. Thereafter the quarry lease of the petitioner was renewed from 12.10.2010 to 11.10.2015. He was granted NOC from the relevant departments. The petitioner established a crusher for converting minerals into B.T. Metal. He had received loans from the banks. The lease was cancelled by the Collector vide order dt.29.10.2011. He challenged the aforesaid order in a writ petition, which was registered as W.P.No.7567/2011. Division Bench of this Court vide order dated 30.1.2012 disposed of the writ petition with the following directions :-

(1) The impugned order, Annexure P-1,



















































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