ORAL ORDER

1. The present writ-application is filed under Article 226 of the Constitution of India seeking the following reliefs :-

“(A) Your Lordship may be pleased to Admit and Allow this petition;

(B) Your Lordship may be pleased to hold and declare that the action and inaction on part of the respondent authorities specifically the respondent Collector and the respondent Geologist in delaying the execution and thereafter the registration of the lease deed in favour of the petitioner which amounted to non-registration of the said lease deed by the respondent sub-registrar vide commination dated 31.12.2021 tentamounts to illegality, malafide in nature, arbitrary, vindictive in nature and even thereafter not acting upon the request of the petitioner to inform the petitioner about the afresh valuation to be carried out for execution of afresh lease deed and handing over him freshly executed lease deed, is also illegal, arbitrary, against the statutory rules and regulations, violative of principles of natural justice and violative of fundamental rights enshrined under Articles 14, 19 (1) (g) and 21 of the Constitution of India;

(C) Your Lordships may be pleased to direct the respondent authorities to immediately act upon the communications/representations made by the petitioner dated 03.02.2022 (at Annexure' I', page and thereby immediately inform the petitioner about the proposed valuation that the petitioner is supposed to be getting executed on the afresh lease agreement and thereby Your Lordships may be pleased to further direct the respondent Collector to immediately execute the same by signing thereupon and handover to the petitioner immediately within a period of 10 days from presentation thereof and the respondent sub-registrar be further directed to register the same (as per the prevalent rules and regulations) immediately within a period of 15 days from receipt of the said lease deed;

(D) Your Lordships may be pleased to direct the respondent authorities specifically the respondent Secretary to initiate appropriate departmental proceedings against the erring officers and also Your Lordships may be pleased to call upon the respondents to explain the delay on account of respondent authorities in not signing the lease deed which was handed over to the office of the respondent Collector and Geologist for signing the same on 20.12.2019 which was bearing stamp duty paid on 17.12.2019 and thereby appropriate departmental proceedings be initiated against the erring officers by initiating appropriate inquiry against the said officers on account of said laxity and dereliction in duty.

(E) During the pendency, hearing and final disposal of the present petition, Your Lordship may be pleased to direct the respondent authorities to immediately act upon the communication made by the petitioner on 03.02.2022 and inform the petitioner about the proposed valuation and thereby handover him a copy of lease deed which is to be stamped for the purpose of valuation and after being executed and signed by the respondent Collector the same may be handed over to the petitioner for the purpose of registration.

(F) Your Lordships maybe pleased to grant ex parte interim relief in terms of Prayer (E).

(G) Your Lordships may be pleased to pass such other and further orders as may deem fit in the interest of justice.”

2. Heard Mr. Vaibhav Pareek, the learned advocate appearing for Mr. R. K. Mishra, the learned advocate appearing for the writ-applicant and Ms. Dharitri Pancholi, the learned AGP appearing for the respondent – State.

3. Mr. Vaibhav Pareek, the learned advocate submitted that the lease deed could not be executed, stamped and registered with the Registrar authority and though a representation is preferred by the writ-applicant dated 3.2.2022 requesting the respondent authority to decide the said representation to give a fresh copy of lease deed to be executed in view of the fact that the respondent authority did not execute the same and the writ-