Sardara Singh vs State of H.P. and Others

Kurian Joseph, C.J.—In this case, the Petitioner is aggrieved since his application for mining lease is not processed on the ground that the Pradhan of the Gram Panchayat concerned has not recommended his case. A cursory perusal of the guidelines would show that the Gram Panchayat need only give its views as to the feasibility of lease within the Panchayat and it is not for them to point out as to who should be granted the lease. In this case, strangely, we find that the Gram Panchayat does not have, in principle, any objection in granting the mining lease within the Panchayat area but the objection is only to grant of the lease to the Petitioner. They have suggested another person. That is certainly not within the competence of the Gram Panchayat or the Pradhan for that matter to point out as to who should be the licensee. It is for the licensing authority to consider the application in terms of the procedure prescribed and in view of the report of the Joint Inspection Committee and take a decision. The Gram Panchayat need only be consulted whether it is feasible to grant the lease and it is not their concern as to who should be granted the lease.

Therefore, this Writ Petition is disposed of directing the competent authority to process the application filed by the Petitioner on the premises that Gram Panchayat does not have any objection for granting the lease within the Panchayat, within two weeks from the date of production of the copy of this judgment alongwith copy of the Writ petition by the Petitioner.

With these observations, the Writ Petition is disposed of, so also the pending application(s), if any.