Kumari Shrilekha Vidyarthi Etc. Etc vs State Of U.P. And Ors on 20 September, 1990
14. In Writ Appeal Nos. 961 to 965 of 1992, the question that arose for consideration was whether the period of three years of lease should be taken as mentioned in the lease agreement or the period of three years should be counted from the date of handing over of possession of the lands for quarrying. The facts leading to those writ appeals were the lessees filed writ petitions not to disturb their possession or quarrying operations till they complete the period of three years from the date of handing over possession. The learned single Judge in those writ petition directed the respondents to dispose of the applications filed by the writ petitioners for grant of renewal of their respective lease within a period of eight weeks and till such time the respondents should not dispossess the petitioners from the quarries by way of lease in favour of third parties. Not being satisfied with the order of the learned single Judge, the writ appeals were filed. The Division Bench of this Court while partly allowing the said Writ Appeals has directed that the petitioners should be permitted to quarry for the full period of three years from the date of handing over possession of the site. Before the Division Bench, learned Counsel for the petitioners cited a decision of the Supreme Court in Shrilekha Vidyarthi v. State of U.P. , for the proposition that the respondents should not rely upon the execution of the lease deed, alone having regard to the fact that the lessor was in the commanding position. The Division Bench of this Court in paragraphs 5 and 6 of the Judgment in the said writ appeals has held thus: