Om Prakash vs State and Others

Gopal Krishan Vyas, J.—Heard learned counsel for the petitioner. In this writ petition, the petitioner has prayed that respondent No. 3 may be directed to hand over possession of the lease area of the petitioner within given time and the period of mining lease may be extended to the extent of the period during which the possession of the mining lease area remained with the respondent department from the date of handing over the possession to the petitioner without any delay.

It is stated at Bar by learned counsel for the petitioner that during pendency of this writ petition, the possession of mine has already been handed over to the petitioner but the period in which the possession of the lease area remained with the respondent No. 3 is not extended. In the opinion of this Court petitioner cannot claim any right beyond the order Annex. 2 dt. 21.10.2008 passed by the Dy. Secretary, Mining Department, Jaipur which reads as:--

In the opinion of this Court, petitioner cannot claim relief beyond the above order dt. 21.10.2008 for the mine in question because possession has already been handed over to the petitioner, therefore, now no order is required to be made to give possession, however, if any grievance still remains with the petitioner with regard to extension of time of lease then the petitioner is permitted to file representation before the respondents within 15 days from the date of receiving certified copy of this order and it is expected from the respondents that prayer of the petitioner with regard to extension of time will be considered in accordance with law and order will be passed within one month thereafter.