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Judgment
V.G. Sabhahit, J.—Heard on Misc.W. 3436/2010 for stay.
This application is filed seeking for stay of the auction scheduled to be held on 5-4-2010.
We have heard the learned Counsel appearing for the petitioner in W.P. No. 9700/2009 and the learned Government Advocate.
This writ petition is filed being aggrieved by the cancellation of the license granted for quarrying of ordinary sand. This writ petition is admitted on 22-4-2009.
The present application is filed seeking for stay of auction of the sand in respect of the lease granted to the petitioners that is scheduled to be held on 5-4-2010. It is averred that if the auction is not stayed, the writ petition would become infructuous, and if ultimately the cancellation of license is held to be legal, the petitioner would not get any remedy.
On the other hand, the learned Government Advocate submitted that the lease period granted to the petitioner is over and the auction is being conducted since the lease period is over.
We have given careful consideration to the contention of the learned Counsel appearing for the petitioner as well as the learned Government Advocate.
It is clear from the material on record that in this petition, the quarrying lease in respect of the ordinary sand was granted to the petitioner for a period of one year on 27-8-2008 and the lease period has expired on 27-8-2009. Therefore, we hold that no ground whatsoever is made out to stay the auction of quarrying the sand as per the auction notification dated 30-1-2010. The question posed before this Court as to whether the cancellation of lease is valid or not is premature. Therefore, the writ petition would not be rendered infructuous as submitted by the learned Counsel appearing for the petitioner. Accordingly, we hold that no ground is made out to stay the auction of sand scheduled to be held on 5-4-2010. However, the said auction is subject to the result of this writ petition.
Accordingly, the application Misc.W.3436/2010 for stay is dismissed with the above observations.
Post this petition for fixing the date of hearing in the third week of April 2010 as it is submitted by the Counsel for the petitioners that the main petition can be heard and disposed of finally.