ORDER : 1. Heard learned counsel for the parties. 2. Leave granted. 3. The appellant was awarded three plots for mining in an auction with effect from 10.02.2003 for a period of three years. Due to the objection raised by the Forest Department, the appellant could not mine in two plots. However, mining was carried out in respect of the remaining third plot. He sought permission for conducting mining in respect of other two plots where objections were raised, since he had deposited the entire bid money, i.e. Rs.1,25,11,800/- for three years in respect of all the three plots. 4. The appellant preferred an application before the Government concerned for further extension of time for utilizing the idle period in respect of other plot where he was mining. Government considered the representation favourably and passed an order on 08.02.2006 extending the time by 01 year 11 months and 25 days for mining over Plot No.518C, admeasuring 60 acres, situate in Village Korgi, Tehsil Duddhi, District Sonbhadra. 5. The appellant has also deposited an additional amount of 50%. On the strength of the order of the Government the appellant could mine only for 106 days. 6. The order extending time for mining passed in favour of the appellant was challenged by respondent no.1 before the High Court. The High Court allowed the prayer mainly relying on Clause 11 of the Agreement, according to which no extension could be granted if during the period of lease mining work had been suspended due to rains, flood or any other reason. 7. Learned counsel appearing for the appellant submitted that the Government has the requisite power under the U.P. Minor Minerals (Concession) Rules, 1963, to grant extension in appropriate cases. In fact it is in exercise of that power the extension was granted by the Government vide its order dated 08.02.2006. 8. We notice that the High Court has relied upon Clause 11 of the Agreement and there is no reference to Rule 68 of the U.P. Minor Minerals (Concession) Rules, 1963 as such. 9. Under such circumstances, we are inclined to set aside the judgment of the High Court and direct the Government to give effect to its order dated 08.02.2006 within three months from the date of receipt/production of a copy of this order, if there is no other legal impediment, after giving credit to the period the appellant had already mined. 9. Under such circumstances, we are inclined to set aside the judgment of the High Court and direct the Government to give effect to its order dated 08.02.2006 within three months from the date of receipt/production of a copy of this order, if there is no other legal impediment, after giving credit to the period the appellant had already mined. 10. The appeal is disposed of in the aforesaid terms.