(Sanjay Kishan Kaul and Ajay Rastogi, JJ.)
Dharmendra Kumar Singh _________________________ Appellant;
v.
State of Uttar Pradesh and Others _________________ Respondent(s).
Civil Appeal No(s). 12202/2018, decided on August 10, 2020
(For Direction IA No. 63684/2019 – Exemption From Filing O.T. IA No. 63672/2019 – Permission To File Additional Documents/Facts/Annexures) With C.A. No. 11368/2018 (For Exemption From Filing O.T. on IA 154883/2018 For Permission to File Additional Documents/Facts/Annexures on IA 50301/2019 For Clarification/Direction on IA 57660/2019 For Exemption From Filing O.T. on IA 150362/2019 IA No. 57660/2019 – Clarification/Direction IA No. 150362/2019 – Exemption From Filing O.T. IA No. 154883/2018 – Exemption From Filing O.T. IA No. 50301/2019 – Permission to File Additional Documents/Facts/Annexures) C.A. No. 8804-8805/2019 (XVII) (IA For Permission to File Additional Documents/Facts/Annexures on IA 98938/2019 IA No. 98938/2019 – Permission to File Additional Documents/Facts/Annexures) C.A. No. 5257/2019 (XVII) (IA No. 80135/2019-Condonation of Delay in Filing and IA No. 80142/2019-Exemption From Filing C/c of the Impugned Judgment and IA No. 80146/2019-Exemption From Filing O.T. and IA No. 80323/2019-Exemption From Filing O.T. and IA No. 80139/2019-Extension of Ex-Party Stay and IA No. 80134/2019-Permission to File Appeal and IA No. 80137/2019-Condonation of Delay in Refiling and IA No. 80144/2019-Permission to File Lengthy List of Dates and IA No. 80321/2019-Permission to File Additional Documents/Facts/Annexures) C.A. No. 5093/2019 (XVII) (IA For Permission to File Additional Documents/Facts/Annexures on IA 104740/2019 For Exemption From Filing O.T. on IA 104744/2019 For Permission to File Additional Documents/Facts/Annexures on IA 149661/2019 For Exemption From Filing O.T. on IA 149662/2019 IA No. 149662/2019 – Exemption From Filing O.T. IA No. 104744/2019 – Exemption From Filing O.T. IA No. 149661/2019 – Permission to File Additional Documents/Facts/Annexures IA No. 104740/2019 – Permission to File Additional Documents/Facts/Annexures) C.A. No. 7002/2019 (XVII) (IA No. 129677/2019-Exemption From Filing C/c of the Impugned Judgment and IA No. 129675/2019-Ex-Parte Stay and IA No. 129682/2019-Exemption From Filing O.T. and IA No. 129673/2019-Permission to File Appeal and IA No. 129680/2019-Permission to File Lengthy List of Dates and IA No. 129683/2019-Permission to File Additional Documents/Facts/Annexures)
Civil Appeal No(s). 12202/2018; IA No. 63684/2019; IA No. 63672/2019; C.A. No. 11368/2018; IA 154883/2018; IA 50301/2019; IA 57660/2019; IA 150362/2019; IA No. 57660/2019; IA No. 150362/2019; IA No. 154883/2018; IA No. 50301/2019; C.A. No. 8804-8805/2019 (XVII); IA 98938/2019; IA No. 98938/2019; C.A. No. 5257/2019 (XVII); IA No. 80135/2019; IA No. 80142/2019; IA No. 80146/2019; IA No. 80323/2019; IA No. 80139/2019; IA No. 80134/2019; IA No. 80137/2019; IA No. 80144/2019; IA No. 80321/2019; C.A. No. 5093/2019 (XVII); IA 104740/2019; IA 104744/2019; IA 149661/2019; IA 149662/2019; IA No. 149662/2019; IA No. 104744/2019; IA No. 149661/2019; IA No. 104740/2019; C.A. No. 7002/2019 (XVII); IA No. 129677/2019; IA No. 129675/2019; IA No. 129682/2019; IA No. 129673/2019; IA No. 129680/2019; and IA No. 129683/2019
The Order of the court was delivered by
Order
1. Applications for exemption from filing official translation, and c/c of the impugned judgment are allowed.
2. Applications for permission to file additional documents/facts/annexures and lengthy list of dates are allowed.
3. We have perused the additional affidavit filed by the State of Uttar Pradesh. The stand of the State of Uttar Pradesh in response to the order dated 15th July, 2020 is that no permission for mining can be granted for the obstructed period as there does not exist any provision for grant of permission for mining in case of disruption of mining operations under the Uttar Pradesh Mining Mineral (Concessions) Rules, 1963. The State Government seeks to rely upon certain judgments of the Allahabad High Court which have been annexed to the affidavit.
4. On a Court query, learned senior counsel for the State of Uttar Pradesh, on instructions, states that the State is willing to refund the proportionate amount of the lease money for which period the lease has not been permitted to operate.
5. On the other hand, learned senior counsel for the appellant states that there are judgments supporting the proposition that in such a situation the lease should be extended. At his request, two weeks’ time is granted to file an affidavit with documents and the said judgments.
6. In view of the aforesaid, the only aspect which will have to be examined by this Court is whether in view of the judicial pronouncements, the appropriate order to pass would be for refund of the lease amount for the period it was not permitted to operate or whether the lease is liable to be renewed for that period of time.
7. List on 26th August, 2020.
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