Supreme Court - Daily Orders
State Of Uttar Pradesh vs Gulab Chandra Mishra on 15 December, 2015
Bench: Dipak Misra, Prafulla C. Pant
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ITEM NO.8 COURT NO.4 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 14578/2015
(Arising out of impugned final judgment and order dated 03/04/2015
in CMWP No. 1498/2015 passed by the High Court Of Judicature at
Allahabad)
STATE OF UTTAR PRADESH AND ORS. Petitioner(s)
VERSUS
GULAB CHANDRA MISHRA Respondent(s)
(with appln. (s) for intervention and stay and interim relief and
office report)
WITH
SLP(C) No. 15780-15781/2015
(With Interim Relief and Office Report)
SLP(C) No. 23420-23442/2015
(With Office Report)
Date : 15/12/2015 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE PRAFULLA C. PANT
For Petitioner(s) Mr. P.s. Patwalia, ASG
Mr. Gaurav Bhatia, AAG
Mr. Aditya Narayan Singh, Adv.
Mr. Gaurav Srivastava, Adv.
Mr. Samir Ali Khan, AOR
Mr. Talha Rahman, Adv.
Mr. Nishit Agrawal, Adv.
Mr. M. Shoeb Alam, AOR
For Respondent(s) Mr. Prashant Kumar, AOR
Mr. Joseph Pookkatt, Adv.
Mr. Aniruddh Singh, Adv.
Mr. S.V. Agrawal, Adv.
Signature Not Verified
Mr. Tayenjam Momo Singh, AOR
Ms. Astha Gaur, Adv.
Digitally signed by
Gulshan Kumar Arora
Date: 2015.12.23
10:40:51 IST
Reason:
Mr. Gaurav Khanna, Adv.
Mr. Dhananjay Mehta, Adv.
Ms. Manju Jetley, AOR
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Mr. S. palo, Adv.
Mr. P. Bisht, Adv.
Mr. Prashant Chaudhary, Adv.
Mr. C.D. Singh, Adv.
Ms. Sandeepan Pathan, Adv.
Mr. Udit Arora, Adv.
Mr. Narender Hooda, Sr. Adv.
Mr. Alok Sangwan, Adv.
Mr. Amit Arjariya, Adv.
Mr. Arvind Dhivendra, Adv.
Ms. Nida D., Adv.
Mr. Devashish Bharuka, Adv.
Mr. Sudhir Kumar Sharma, Adv.
Ms. Anuradha Mutatkar, Adv.
Mr. Amit Upadhyay, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Application for intervention is allowed.
This Court on 12.10.2015 had passed the following order :-
“It is an application for modification of our earlier order dated 15.05.2015.
Having heard Mr. Patwalia, learned Additional Solicitor General, Mr. Gaurav Bhatia, learned counsel for the State of U.P., Mr. Dhruv Mehta and Mr. Gopal Jain learned senior counsel and Mr. Rehman, learned counsel for the contesting parties, we are inclined to modify the order to the extent that the competent authority of the State may proceed under Rule 9-A of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963 but shall not finalise the matter till 05.11.0215.
The matter shall be listed on 05.11.2015 for final disposal along with SLP (C) No.15780-15781 of 2015. The matter shall be listed within the first five matters on the Board on that day.” When the matter was listed on 19.11.2015, the following order came to be passed :-
3“Heard Mr. Gaurav Bhatia, learned Additional Advocate General for the State of U.P., Mr. Rakesh Dwivedi, Mr. Ashok Kumar Parija, learned senior counsel for the respondents, as well as Mr. Gopal Jain, learned senior counsel for the applicant in I.A. No.4 of 2015.
Having heard learned counsel for the parties, we think it appropriate that Mr. Gaurav Bhatia, learned Additional Advocate General shall submit the offers obtained, along with the conditions, to the briefing counsel for the respondents in the special leave petitions, as well as to the counsel in I.A. No.4 of 2015. The said respondents and the applicant shall file their respective offers before the Secretary, Department of Geology & Mining, Govt. of U.P., within seven days hence. The said authority shall scrutinize the same as regards the eligibility. The offers obtained till today through the process adopted vide Rule 9-A of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963, and the procedures stated by us today, shall be filed on 3 rd December, 2015.
Needless to say, the respondents shall give an undertaking before the concerned nodal officer, that is, the Secretary, Department of Geology & Mining, Govt. of U.P., that they are willing to deposit 25% of the amount offered.
Let the matter be listed on 3 rd December, 2015.” On a perusal of both the orders, it is quite clear that the parties are at liberty to give their offers. Mr. Patwalia, learned Additional Solicitor General and Mr. Gaurav Bhatia, learned Additional Advocate General for the State of U.P. would submit that the State has decided to go for advertisement and call for open offers. The words 'open offer' mean anyone who is eligible to make an offer can put forth his offer. Be it clarified, when we have said 'eligible candidate', that would convey that the offeree shall give his antecedents which would include his involvement in criminal cases, deposit of 25% of the offer amount and the solvency certificate.
The persons who have already given the offer, their offer 4 shall remain valid, if the eligibility criteria are met. If there is any deficiency, they can make it good within two weeks. That apart, if someone intends to give a fresh offer, it is open to him to do so.
Let this exercise be completed by the end of January 2016. After the offers are received, the same shall be produced before this Court in a tabulated form.
Let the matter be listed in the first week of February 2016.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master