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Jagdish Chandra Dwivedi v. State Of U.P. & Others - WRIT - C No. 22102 of 2007  RD-AH 9892 (23 May 2007)
HON. R.P. MISRA,J.
HON.SHISHIR KUMAR, J.
Counter affidavit filed today may be kept on record.
Heard learned Senior Advocate Sri V.K. Singh assisted by Sri S.Shekhar for the petitioner and the learned standing counsel Sri Vishnu Pratap for the respondents.
The petitioner filed an application in requisite form for grant of mining lease. The petitioner submits that each and every documents which were required to be submitted by the petitioner according to Rule 6 of the U.P. Minor and Mineral (Concession) Rules 1963 were submitted by the petitioner but respondent no.5 has been granted mining lease in spite of the fact that the petitioner was having a preferential right.
In our opinion, the questions raised by the petitioner that the solvency certificate submitted by the petitioner has not been taken into consideration only on the ground that it has not been verified or countersigned by the S.D.M. though there is no such requirement, are the questions of fact to be considered by the authority concerned.
As the petitioner has got an efficacious alternative remedy by way of filing an appeal under Section 77 of the U.P. Minor Mineral (Concession) Rules 1963 before the Commissioner, the writ petition is disposed of finally with the directions that in case the petitioner files an appeal within a period of one week from today before the Divisional Commissioner, the Divisional Commissioner is directed to decide the appeal of the petitioner within three weeks from the date of filing of the appeal after affording an opportunity to the petitioner as well as the respondents.
It is further provided that till decision of the appeal of the petitioner, for a period of one month, no mining lease be granted in favour of Respondent no.5 Rajendra Singh.
With these directions the writ petition is disposed of No order as to costs.
W.P. No. 22102 of 2007
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