HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28979 of 2026 Court No. - 21 HON'BLE ARINDAM SINHA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. The writ petition was moved on 11th August,2026. Paragraph 1 of order made that day is reproduced below. "1. Mr. Vineet Kumar Singh, learned advocate appears for petitioner. Prayer (i) is reproduced below; (i) Issue a suitable, writ order or direction in the nature of certiorari calling for the records of the letter of Intent/ Mining Lease issued to the respondent No.5 with respect to Plot No. 997M area 4.451 hectare situate at Village Sindhora, Tehsil Sadar, District Mirzapur and the Hon'ble Court may be pleased to quash the same. Drawing attention to Google map (page 49) he submits, the red patch identified by yellow pins is his client's mining leas hold, to run for 15 years. There was adjoining lessee, whose lease was surrendered. The geo-coordinates were changed and now private respondent no.5 has been granted mining lease such that almost entirety of his client's mining lease hold has been subsumed by fresh grant. He seeks interference, interim at this stage." The Court had required State to answer on the change of geo-coordinates and google map disclosed at page 49. 2. Mr. Kartikeya Saran, learned advocate, Additional Advocate General appears for State. He submits, counter dated 24 Versus Counsel for Petitioner(s) : Kumar Shivam, Vineet Kumar Singh Counsel for Respondent(s) : C.S.C., Himanshu Srivastava, Madan Lal Srivastava M/S Rudrabali Traders .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) th August,2026 has been filed. Mr. Madan Lal Srivastava, learned Advocate appears for respondent no.5 (incoming mining lease holder). 3. Mr. Saran relies on paragraphs 7 to 10 of the counter. It is sufficient for us to reproduce below paragraph-7 from it. "7. That in relation to the said vacant area, e-tender cum e-auction was again invited through Notification No. 400/Mineral/E-Tender cum E- Auction/E.P/2026 dated 11.05.2026, in respect to the area of land of Arazi No. 997 Min, area 4.451 hectare of village Sindhora Situated in Tehsil Sadar, district Mirzapur mentioned at Srl. No.3 of the said Notification, M/s Vindhya Construction and 12 others participated in the tender process Online through their ID and Password, in which respondent No.5 was the highest bidder with a bid of Rs. 609/- per Cubic Meter, hence a Letter of Intent was issued in his favour on 27.06.2026. By submitting an application M/s Vindhya Construction, made a request for demarcation/ boundary of the Mining area. In this respect information regarding fixing of date of 01.07.2026 for demarcation/ boundary binding was given to M/s Vindhya Construction through office letter no.1121/MMC-30/Mineral/2026-27 dated 29.06.2026 and simultaneously letters were sent to the adjacent lease holders (1) M/s Mastergenie Services, (2) Smt. Usha Devi (3) Smt. Sandhya Singh (4) M/s CS Infra Construction, (5) M/s Bolbam Brick Kiln (6) M/s Rudrabali Traders, Proprietor Shri Rajesh Kumar Singh. Demarcation of the mining lease area approved in favour of M/s Vindhya Construction was done on 01.07.2026 in presence of the mining lease holder and his representative. The representative of the petitioner, Mr. Brijesh Singh Mobile no. 8009717312, representative of respondent no.5 M/s Vindhya Construction, Mr. Dheeraj Singh and others were present and signed the demarcation report and accordingly the demarcation process was completed in their presence. In demarcation report the GPS Geo- coordinates of the Boundary Pillars demarcated on the spot and the boundary of the demarcated area have been mentioned. All the lease holders and representatives present, including the representative of the petitioner, Mr. Brijesh Singh, have agreed and signed the demarcation report. For kind consideration of this Hon'ble Court a true copy of Demarcation Report dated 01.07.2026 is being filed herewith and is WRIC No. 28979 of 2026 2 marked as ANNEXURE NO. C.A.1 to this Counter Affidavit. The GPS Geo-coordinates and boundaries of the boundary pillars demarcated on the spot are as follows:- क्र० सं० सीमा स्तम्भ अक्षांश देशांतर 1 A 2505'27.75"N 82048'41.47"E 2 B 2505'27.62"N 82048'46.43"E 3 C 2505'23.92"N 82048'53.39"E 4 D 2505'21.93"N 82048'53.73"E 5 E 2505'23.51"N 82048'39.31"E The Boundary of demarcated area: North-Remaining portion of Arazi. No. 997 Min of M/s Master Jenny, Smt. Usha Devi South-Mining lease approved in Arazi No. 997 M. to Mrs. Sandhya Singh and Mr. Bol Bam Brick Kiln East- Remaining portion of Arazi No. 997 M. West- Mining lease granted in Arazi No. 997 Min. to M/s CS Infraconstruction " (Emphasis Supplied) Petitioner filed rejoinder dated 2nd September, 2026. Paragraph 7 in the counter was dealt with in paragraph 5 of the rejoinder, reproduced below. "5. That the averments made in paragraph No. 7 of the counter affidavit are incorrect in the manner they have been stated, hence denied and in reply thereto, it is submitted that the demarcation exercise in reference to the notice dated 29.06.2026 was not conducted in accordance with law as can be evident from the fact that the three-points method with respect to the land survey and boundary demarcation was not restored to at the end of the answering respondents which is a foundational legal and technical WRIC No. 28979 of 2026 3 requirement used to accurately establish or verify the property boundaries and thus, the demarcation report which is enclosed as CA-1 to the counter affidavit, is not liable to be relied upon in the instant case. It is further submitted that the Court of law has consistently ruled that any demarcation conducted without fixing three permanent points is invalid and unsustainable in law. Even otherwise, the demarcation report as enclosed with the counter affidavit is mere suggestive in nature which is not liable to be termed as a decision with regard to the controversy in hand" 4. Respondent no.5 has also filed counter and petitioner, rejoinder thereto but it is not necessary for us to peruse them as the writ petition can be disposed of on the above. 5. Petitioner not dealing with specific case of demarcation and participation of petitioner's representative, including his signature on the demarcation report is sufficient for us to say that fact of demarcation of mining lease area of private respondent no.6 stands established. Petitioner's answer in the rejoinder is disputed by argument that the demarcation was not properly done. For the purpose there must be demonstration of the dispute on facts, which will will not go into. 6. Mr. Vineet Kumar Singh, submits, there be liberty granted to his client to approach the authority with the grievance. His submission is recorded. 7. In view of the aforesaid no further order need be made. The writ petition is disposed of. September 29, 2026 Nadeem WRIC No. 28979 of 2026 4 (Arindam Sinha,J.) (Sudhanshu Chauhan,J.) Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad