Neutral Citation No. - 2025:AHC-LKO:46707-DB Court No. - 2 Case :- WRIT - C No. - 7488 of 2025 Petitioner :- Rajaram And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Geology And Mining Lko. And 8 Others Counsel for Petitioner :- Uttam Kumar Pathak Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State Respondents and Sri Kshemendra Shukla, Advocate who has filed his vakalatnama on behalf of the respondent no.7, which is taken on record. 2. This writ petition has been filed with the following main prayers:- "i. Issue writ order or direction in the nature of Mandamus commanding and directing to State Government to cancel mining lease on ground of entering agreement against the provision under rule 19 of UP Minor & Mineral (Concession) rules, 1963, interest of justice. ii. issue writ order or direction in the nature of Mandamus directing State Government to take further action in light of Commissioner Order dated 22.06.2021 passed in Appeal No. 00062/2021 (Srimati Anju Rai Vs. State of U.P.) to Constitute a committee to inquire about huge irregularities/allowing mining operation to mining mafia in the matter, in interest of justice. iii. Issue writ order or direction in the nature of Mandamus commanding and directing to respondents to stop mining operation forthwith and not issue M.M-11 in pursuant lease granted to private respondent no. 5 & 6, interest of justice." 3. It has been submitted by learned counsel for the petitioners that the respondents are carrying out illegal mining operation although there is already an order passed by the Commissioner dated 22.06.2021 in Appeal No. 00062 of 2021, 'Srimati Anju Rai Vs. State of U.P.' to constitute a committee to inquire into the huge irregularities of the private respondents, who are carrying out mining operations against the Government Orders and against the provisions of Rule19 of the UP Minor & Mineral (Concession) rules, 1963. 4. Learned Standing Counsel for the State Respondents has raised a preliminary objection regarding the maintainability of the writ petition saying that all the leases that the petitioner seeks to question here, have not been granted in any place, which falls within the territorial jurisdiction of this Court at Lucknow. He has also pointed out that the petitioner have not disclosed their status. 5. Sri Kshmendra Shukla, learned counsel for the respondent no.7 says that the respondent no. 7 has already surrendered two lease deeds in question. 6. Learned Standing Counsel for the State Respondents has also produced before this Court written instructions sent by the District Magistrate, Sonbhadr wherein it has been stated that M/s Maa Kamakhya Stone Works owned by Smt. Anju Rai W/o Dheeraj Rai had been given mining lease in Village Billi Markundi, Tehsil Obra over certain gatas of land for a period of 10 years from 31.05.2016 to 30.05.2026. The maximum Cubic Meters of stone that could be excavated every year was also mentioned in lease documents. The respondent no. 7, owner of M/s Maa Kamakhya Stone Works has already excavated 30,000 Cubic Meters of boulder up to 02.08.2025, and therefore, the lease period expired. On 03.08.2025 the lease holder Anju Rai has sent a letter surrendering the lease. With regard to M/s Sai Baba Stone Works owned by Smt. Anju Rai W/o Dheeraj Rai and Smt Shabnam Praveen W/o Nishaar Ahmad were given lease for certain land in Village Billi Markundi and the quantity of Stone permitted to be excavated have already been excavated up to 15.07.2025 and 16.07.2025 the lease holders surrendered the lease. With regard to M/s Mangeshwar Baba Stone Works owned by Smt. Anju Rai W/o Dheeraj Rai has been given lease over certain Gatas of land of Village Billi Markundi and the District Magistrate has issued Order No. 2078/Khanij/2020 dated 07.10.2020 stopping mining operations, a copy of such order dated 07.10.2020 has been enclosed as Annexure-03 to the said instructions. 7. The written instructions are kept on record. 8. Sri Kshemendra Shukla, learned counsel for the respondent no. 7, at this stage, says that he has challenged the order passed by the District Magistrate before the Court concerned. 9. Accordingly, the writ petition is disposed of with a direction to the petitioner to approach this Court at Allahabad, in case he has any grievance left. Order Date :- 11.8.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench