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2020 Supreme(MP) 430

AJAY KUMAR MITTAL, VIJAY KUMAR SHUKLA
Pacific Exports (M/s. ), Katni – Appellant
Versus
Union of India – Respondent


Advocates:
Siddharth Sharma and Ranjan Pathak for petitioner; Sandeep Shukla for respondent No.1; Bhupesh Tiwari, Government Advocate for respondents No.2 to 4; Vivek K. Tankha with Abhijeet A.Awasthi, Kapil Duggal and Sumer Lodhi for respondents No. 5 and 6.

ORDER

Shukla, J.-- 1. In the instant petition invoking the writ jurisdiction under Article 226 of the Constitution of India, challenge has been made to the orders dated 26.1.2007, 2.1.2008 and 2.1.2017 passed by the respondents No.1 and 2 (Annexure-P/2, Annexure-P/3, Annexure-P/11 and Annexure-P/12) for issuance of directions to the respondents in the nature of mandamus to grant Prospecting Licence in favour of the petitioner for the area admeasuring 35.20 Hectare comprising of Khasra Nos.668/1 and 668/5 situated in the Village, Ghugharikala, Tahsil Sihora, District Jabalpur.

2. The petitioner’s case in a nutshell is that the petitioner is a firm engaged in the business of mining and minerals. It is stated that the respondents No. 5 and 6 had applied for grant of mining lease over Khasra No. 668/1 (old Khasra No. 407/1) admeasuring 59.868 hectare which was considered by the respondent No. 2 and it was decided to grant mining lease in respect of the area admeasuring 30.756 hectare in favour of the respondent No. 5 and area admeasuring 23.491 hectare in favour of the respondent No. 6. The State Government thereafter sought approval from the Central Government by virtue of section 5(1)

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