Allahabad High Court
Raja Bhaiya Patel vs State Of U.P.Through Principal ... on 22 November, 2022
Bench: Devendra Kumar Upadhyaya, Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- WRIT - C No. - 6680 of 2012
Petitioner :- Raja Bhaiya Patel
Respondent :- State Of U.P.Through Principal Secy. Mines And Minerals
Counsel for Petitioner :- Rajon Roy
Counsel for Respondent :- C.S.C.,A.S.G.,Manoj Singh
AND
Case :- WRIT - C No. - 6896 of 2012
Petitioner :- Ram Milan Nishad
Respondent :- State Of U.P.Throu Prin.Secy.Deptt.Of Geology And Mines And Ors.
Counsel for Petitioner :- Pushpila Bisht
Counsel for Respondent :- C.S.C.,A.S.G.,Sandeep Sharma
AND
Case :- WRIT - C No. - 6898 of 2012
Petitioner :- Shiv Kumar Singh
Respondent :- State Of U.P.Throu Prin.Secy.Deptt. Of Geology And Mines And Ors
Counsel for Petitioner :- Pushpila Bisht
Counsel for Respondent :- C.S.C.,A.S.G.
AND
Case :- WRIT - C No. - 6900 of 2012
Petitioner :- Prem Kumar
Respondent :- State Of U.P.Throu Prin. Secy. Geology And Mining Lko.And Ors.
Counsel for Petitioner :- Rahul Srivastava
Counsel for Respondent :- C.S.C.,A.S.G.
AND
Case :- WRIT - C No. - 7066 of 2012
Petitioner :- Rajendra Prasad
Respondent :- State Of U.P.Throu Its Secy. Deptt.Of Geology And Mining And Ors
Counsel for Petitioner :- Shishir Chandra,Kumar Ayush
Counsel for Respondent :- C.S.C.,A.S.G.
AND
Case :- WRIT - C No. - 7067 of 2012
Petitioner :- Narvadeshwar Singh
Respondent :- State Of U.P.Throu Its Secy. Deptt.Of Geology And Mining And Ors
Counsel for Petitioner :- Shishir Chandra
Counsel for Respondent :- C.S.C.,A.S.G,Sandeep Sharma
AND
Case :- WRIT - C No. - 7068 of 2012
Petitioner :- Varamdeen Nishad
Respondent :- State Of U.P.Throu Its Secy. Deptt.Of Geology And Mining And Ors
Counsel for Petitioner :- Shishir Chandra
Counsel for Respondent :- C.S.C.,A.S.G.,Karunanidhi Yadav
AND
Case :- WRIT - C No. - 7069 of 2012
Petitioner :- Haneef
Respondent :- State Of U.P.Throu Its Secy. Deptt.Of Geology And Mining And Ors
Counsel for Petitioner :- Shishir Chandra,Shakeel Ahmad
Counsel for Respondent :- C.S.C.,A.S.G
AND
Case :- WRIT - C No. - 7070 of 2012
Petitioner :- Vinod Kumar Govind Rao
Respondent :- State Of U.P.Throu Its Secy. Deptt.Of Geology And Mining And Ors
Counsel for Petitioner :- Shishir Chandra
Counsel for Respondent :- C.S.C.,A.S.G.
AND
Case :- WRIT - C No. - 7297 of 2012
Petitioner :- Pavan Kumar
Respondent :- State Of U.P.Throu Prin. Secy.Geology And Mining Lko.And Ors.
Counsel for Petitioner :- Rahul Srivastava,Mohammd Amir Naqvi
Counsel for Respondent :- C.S.C.,A.S.G.
AND
Case :- WRIT - C No. - 7331 of 2012
Petitioner :- Pranab Pandey
Respondent :- State Of U.P.Through Principal Secy. Geology And Mines
Counsel for Petitioner :- Pushpila Bisht,Mohemmed Amir Naqvi
Counsel for Respondent :- C.S.C.,A.S.G.,Mohd Amir Naqvi
AND
Case :- WRIT - C No. - 7913 of 2012
Petitioner :- Rukshad Ali
Respondent :- State Of U.P.Through Secy. Geology And Mining And Others
Counsel for Petitioner :- Shishir Chandra,Mohammd Amir Naqvi
Counsel for Respondent :- C.S.C.,A.S.G.
AND
Case :- WRIT - C No. - 8034 of 2012
Petitioner :- Omendra Yadav
Respondent :- State Of U.P.Thr.Secy.Deptt.Of Geology And Mining Lko.And Others
Counsel for Petitioner :- Shishir Chandra
Counsel for Respondent :- C.S.C.,A.S.G.,Nafisul Hasan Hashmi
AND
Case :- WRIT - C No. - 8077 of 2012
Petitioner :- Ram Deen
Respondent :- State Of U.P.Thr.Prin.Secy.Geology And Mining Deptt.Lko.And Ors.
Counsel for Petitioner :- Gaurav Mehrotra,Asit Kumar Chaturvedi
Counsel for Respondent :- C.S.C.,A.S.G.
AND
Case :- WRIT - C No. - 8083 of 2012
Petitioner :- Sahib Alam
Respondent :- State Of U.P.Throu Its Secy. Deptt.Of Geology And Mining And Ors
Counsel for Petitioner :- Shishir Chandra
Counsel for Respondent :- C.S.C.,A.S.G.
AND
Case :- WRIT - C No. - 8085 of 2012
Petitioner :- Vivek Kumar
Respondent :- State Of U.P.Throu Its Secy. Deptt. Geology And Mining And Ors.
Counsel for Petitioner :- Shishir Chandra
Counsel for Respondent :- C.S.C.,A.S.G.,Anil Kumar Yadav
AND
Case :- WRIT - C No. - 8243 of 2012
Petitioner :- Shankar Nishad
Respondent :- State Of U.P.Thr.Prin.Secy.Deptt.Geology And Mines Lko.Andothers
Counsel for Petitioner :- Pushpila Bisht,Shishir Chandra
Counsel for Respondent :- C.S.C.,A.S.G.
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Saurabh Srivastava,J.
Heard Ms. Maria Fatima holding brief of Shri Gaurav Mehrotra and other counsel representing the petitioner in this bunch of writ petitions. We have also heard the learned standing counsel representing the State Authorities-respondents.
Under challenge in this bunch of writ petitions are two Government Orders, (1) the Government Order dated 31st May, 2012 and (2) the Government Order dated 20.7.2012.
By the first Government Order under challenge herein namely the Government Order dated 31.5.2012 it was provided that in the matter of procuring mining leases the process of 'E' tendering has to be followed. So far as the other Government Order dated 20th July, 2012 is concerned, the said Government Order requires a deposit of earnest money to the tune of 25% of the reserved price as a condition precedent for participation in the process of procurement of mining lease.
The issue raised in this bunch of writ petitions stands decided by a judgement of a Division Bench of this Court in the case of Nar Narain Mishra vs. State of U.P. and others reported in 2013 (2) A.D.J 166 (D.B.). By the said judgment the validity of the Government Order dated 31st May, 2012 which provided for the process of 'E' tendering has been upheld whereas the Government Order dated 20th July 2012 which required deposit of 25% of the reserved price as earnest money has been held to be invalid for the reason that Rules do not contain any such provision.
In view of the aforesaid, this bunch of petitions are also disposed of in terms of the judgment and order passed by the Division Bench in the case of Nar Narain Mishra (Supra).
Order Date :- 22.11.2022
RS
