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MARKANDEY MISHRA versus DISTT. OFICER/DISTT. MAGISTRATE/COLLECTOR & OTHERS

High Court of Judicature at Allahabad

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Markandey Mishra v. Distt. Oficer/Distt. Magistrate/Collector & Others - WRIT - C No. 48430 of 1999 [2005] RD-AH 7603 (15 December 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

WP NO. 48430 of  1999

HON'BLE YATINDRA SINGH, J

HON'BLE R.K. RASTOGI, J.

1. The petitioner was granted mining lease for three years from 8.11.1994 to 8.11.1997. The petitioner filed an application for renewal on 10.9.1997. Thereafter his lease was renewed on 12.5.1998 for a period of two years w.e.f. 8.11.1997, but the petitioner did not deposit any royalty for this renewed period. As such recovery was issued against him. Hence the present writ petition.

2. We have heard counsel for the petitioner and standing counsel for the respondents.

3. Counsel for the petitioner submitted that no information was given to him about renewal of the lease and as such he did not work and the royalty for the mining lease can not be charged from him.

4. A counter affidavit has been filed in which it has been clearly stated that after renewal of the lease, the petitioner was informed vide letter No. 323/DLRC-Khanan dated  13.5.1998 and thereafter the petitioner has worked throughout the renewal period in his lease-hold area. No rejoinder affidavit has been filed by the petitioner. In view of this there is no reason to accept the submission of the petitioner.

5. There is no merit in the writ petition and it is accordingly dismissed.

Date: 15.12.2005

SKS


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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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