Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Practice and Procedure Right to Relief |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Practice and Procedure; Right to Relief G.O. issued by the State Government for sand mining lease-Term of lease three to five years-Lease granted in favour of lessee for one year initially-Collector issued order for extension of lease by a further period of 2 years-On revision, State Government held, there was likelihood of getting higher revenue by holding auction of mining rights, thus selling aside Collector's order-In writ proceedings, High Court held that State D Government was not justified in interfering with extension order since initial lease should have been for 3 years but denied any relief on the ground that proposed auction would be in public interest and 3 year period had already ended-On appeal, Held: Right to relief should have been decided on the date on which petitioner commenced proceedings-However, under exceptional circumstances due to subsequent/intervening events, relief could be denied in equity but it should not be denied only on account of time lost in proceedings-Lessee allowed to operate mine for remaining period of lease-Direction issued . State of Uttar Pradesh issued a G.O. to lease out mining rights of Yamuna River Bed for 3 years to 5 years term. Appellant was granted lease for mining of such are!!, initially for a period of one year which was extended by the Collector by a further period of 2 years. One competitor of the appellant filed a revision. State Government allowed the revision on the ground that Government have decided to hold auction of the mining rights in public interest and are likely to get higher revenue. Appellant preferred writ petition. High Court dismissed it but opined that extension of mining rights in favour of appellant was justified, however, denied the relief on the ground that auction of mining rights would be in public interest and 3 years period of lease came to an end. Hence this appeal. It was contended for the appellant that since the appellant made a huge expenditure on mining area, as per State Government policy, he was legitimately entitled to operate the mine for 3 years, State Government was not justified in interfering with the collector's order for extension of mining rights at the instance of a third party; and that despite the finding that the State Government was unjustified in setting aside collector's Order for extension of mining rights, the appellant was denied relief by the High Court. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2002 INSC 559 |
Petitioner | Beg Raj Singh |
Respondent | State Of U.p. And Ors. |
SCR | [2002] Supp. (5) S.C.R. 530 |
Judgement Date | 2002-12-18 |
Case Number | 8681 |
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