WPMS/1141/2021
2021 Latest Caselaw 1974 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
              ON THE 21ST DAY OF JUNE, 2021
                               BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
            Writ Petition (M/S) No. 1141 of 2021
BETWEEN:

Bijendra Kumar                                       ...Petitioner
           (By Mr. Parikshit Saini, Advocate)

AND:

State of Uttarakhand & another                  ...Respondents

           (By Mr. G.S. Negi, learned Additional C.S.C.)

                            JUDGMENT

1. According to the petitioner, he had applied for mining lease over his agricultural land. Since his application has not been considered by the Competent Authority, therefore, petitioner has approached this Court seeking following relief:-

(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to take a decision on application of petitioner seeking mining lease on NIZI NAP BHUMI as application along with deposit slip has been applied on 10.06.2020 (Contained as Annexure no. 3 to this writ petition)

2. Without expressing any opinion on the merits of the case, specially as regards maintainability of such application for mining lease in respect of agricultural land, the writ petition is disposed of with a direction to District Magistrate, Haridwar to consider petitioner's application and take appropriate decision, strictly in accordance with

Government Policy and also the relevant Statutory provisions, including provisions contained in U.P. Zamidari Abolition and Land Reforms Act, as early as possible preferably within a period of four months from the date of production of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Aswal