Hafeez Ullah vs State of U.P. and Others

Admit.

Issue notice to respondent No. 6 returnable at an early date. Apart from regular mode of service liberty is given to the petitioner to serve notice outside the court.

After expiry of term with regard to mining lease instead of putting the area for public auction the revenue authority had proceeded to grant mining lease for the period of three months to the respondent No. 6 in pursuance to negotiation. It was done thrice. Hence, petitioner has approached this Court under Article 226 of the Constitution of India by preferring a Writ Petition No. 3381 of 2010(MB). During hearing a statement was made by learned Standing counsel that no renewal shall be done and mining lease shall be granted through public auction and process shall be completed by first week of May. Keeping in view the statement made by learned Standing counsel on 20.4.2010 writ petition was disposed of finally and this Court directed to compete the public auction on or before 15th May, 2010.

Shri P.K. Khare learned Counsel for the petitioner has invited attention of this Court towards the impugned notice dated 17.4.2010 (Annexure-1 to the writ petition) which shows that mining lease given to respondent No. 6 through negotiation and shall continue up to 30.6.2010 and only for the period of three months it shall be given on lease right from July to September through public auction.

Controversy with regard to auction has been settled by two Full Courts'' judgment of this Court, reported in 2004 (96) RD 645 Feru v. State of U.P. and Ors. and 2005 (4) ESC (All.) Ram Kumar and Ors. v. State of U.P. and Ors. wherein it has been held that no lease can be granted through negotiation. In the present case, mining lease has been granted through negotiation consistently by renewing the earlier one for the period of three months. In spite of Judgment of this Court that before 15.5.2010 public auction of the mining area should be done the respondents had not taken care.

Submission of petitioner''s counsel is that the District Magistrate/Additional District Magistrate is proceeding with the impugned notice dated 17.4.2010 permitting the respondent No. 6 to continue with the mining operation. Once statement has been made before this Court on 20.4.2010 that mining lease shall be granted through public auction and this Court had directed to complete process before 15th May, 2010 then it is not open for the appropriate authority to proceed in the manner (Annexure No. 2) The statement given by the learned Standing counsel on the basis of instruction received in case not complied with or is false it amounts to commission of ex facie contempt and authorities are liable to charge invoking Article 215 of the Constitution. It has been stated by the petitioner''s counsel that order was communicated by this Court.

Let a notice be issued to Shri Ram Niwas Additional District Magistrate Sharawasti to show cause as to why he may not be tried and punished for wilful disobedience of order dated 20.4.2010. While submitting response he shall also appear in person on the next date of listing.

As an interim measure, further operation of the impugned notice dated 17.4.2010 as contained in Annexure-1 to the writ petition is stayed.

Principal secretary, Mines and Minerals is directed to send an officer to District Shravasti to proceed in accordance with law holding public auction of the area in question for grant of mining lease. While proceeding with the fresh auction respondents shall proceed in accordance with law laid down by this Court in a case reported in 2006 (24) LCD 1243 Chandrika Prasad Nishad v. State of U.P. and Ors. and consequential order issued by the State Government.

We are issuing such direction keeping in view the fact that district authorities had made false statement before this Court through the learned Standing counsel and acted in utter disregard. Respondent No. 6 is further restrained to operate mining work of the area concerned.

Let the fresh auction be completed within six weeks from today. Learned Standing counsel shall communicate the order to the Principal Secretary, Mines and Minerals within 48 hours.

Let Additional District Magistrate appear before this Court on 16th July 2010.