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KANHAIYA LAL SINGH AND OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Kanhaiya Lal Singh and Others v. State Of U.P. & Others - WRIT - C No. 64602 of 2005 [2005] RD-AH 3955 (4 October 2005)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. Writ Petition No.64602 of 2005

Hon. S.N. Srivastava, J.

Learned counsel for the petitioners urged that as the parties were given mining leases and demarcation proceedings for the area under their leases is going on before the competent authority under Rule 17 of the U.P. Minor Minerals (Concession) Rules, 1963, the impugned order passed by the Sub Divisional Officer, Chunar, District Mirzapur under Section 41 of the U.P. Land Revenue Act is without jurisdiction.  He further urged that the Sub Division Officer is wholly incompetent to pass impugned order directing to maintain status quo as it is against the very purpose for which leases were granted.

Issue notice to Opp. Party nos. 4 to 7.  Petitioners shall take steps to serve these Opp. Parties by Regd. Post within ten days.

In the meantime, operation of the impugned order dated 13th July, 2005, passed by the Sub Divisional Officer, Chunar, District Mirzapur shall remain stayed.  However, it is open to the competent authority under the U.P. Minor Minerals (Concession) Rules, 1963 to proceed with the matter and pass appropriate orders in accordance with law for demarcation of the land covered by the lease.

4.10.2005

bgs/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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