- (1.) The present writ petition has been filed for quashing of the auction notice dated 27-8-1991 (Annexure 3 to the writ petition) issued by the District Officer, Jalaun, and for a writ of mandamus directing the Respondents to execute a mining lease in favour of the Petitioner. Subsequently an amendment application was moved, which was allowed, whereby a prayer was made for quashing of the order dated 4-10-1991 passed by the State Government. The parties have exchanged counter and rejoinder affidavits and the writ petition is being disposed of finally at the stage of admission in accordance with the Rules of Court
(2.) The case of the Petitioners, in brief, is that it is a company which was registered in the year 1986 in accordance with the provisions of the Companies Act; that the Company desires to set up a project to manufacture cement-concrete blocks for building construction and the basic raw materials for the same is sand (Morrarn), cement and water that the Petitioner Company intends to establish its manufacturing unit near village Kahata Hamirpur, Par. Kalpi, district Jalaun; that the State Government issued a notification dated 31-12-1985 under Rule 25 of U.P. Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as the rules) which was published in U.P. Gazette on 11-1-1986 whereby plot No. 1164 in village Kahata Hamirpur was shown for the purpose of being leased out in accordance with the provisions of Chapter II of the Rules and that subsequently a similar notification dated 30/31-5-1986 was issued with regard to plot no 1163 which was published in U.P. Gazette on 28-6-1986. The Petitioner moved an application in prescribed Form MM-l on 19-3-1986 for grant of mining lease for 227.6 acres for excavating Marram; that some other persons also applied for granting of mining lease In their favour; that the application of the Petitioner was rejected by the District Officer by order dated 7-1-1988 on the ground that the State Government had| issued orders for granting lease on the basis of auction; that the Petitioner filed a revision against the aforesaid order under Section 30 of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as the Act) before the Central Government; that the Central Government allowed the revision by order dated 7-12-1989 and remanded the case to the State Government for a fresh decision on merits; that the State Government rejected the Petitioner?s application by order dated 14-11-1990; that the Petitioner challenged the aforesaid order by filing Writ Petition No. 28059 of 1990 which was allowed on 17-5-1991 and the State Government was directed to decide the Petitioner?s application afresh within two months from the date of presentation of the certified copy of the order; that the Petitioner filed the certified copy of the judgment of the writ petition before the State Government on 30-5-1991 but no order was passed by the State Government within the time granted by the High Court and that the District Officer, Jaiaun, issued an auction notice dated 27-8-1991 fixing 27-9-1991 as the date for holding the auction for granting mining lease for excavating sand (Morram). The Petitioner has thus challenged the auction notice issued by the District Officer, Jalaun, and has prayed that the Respondents be directed to execute mining lease in its favour in accordance with Chapter II of the Rules.
(3.) The state has filed several counter affidavits. The main plea taken therein is that initially a Government Order was issued by the State Government on September 5, 1990, by which it was provided that entire mining area in the State of U.P. will be leased out on the basis of auction. Subsequently U.P. Minor Minerals (Concession) Rules were amended on September 26, 1990, by means of Seventeenth Amendment and the State Government issued a G.O. on November 16, 1990, declaring that entire mining area in the State will be leased out by auction or by tender or by auction-cum-tender in accordance with Chapter IV of the Rules. in view of the declaration was made by the State Government on November 16, 1990, no mining lease or permit could be granted in accordance with Chapters II, III and VI of the Rules. The auction notice issued by the District Officer also amounted to a declaration under Rule 23(1) of the Rules which made the provisions of Chapter II, III and VI of the Rules inapplicable. The application moved by the Petitioner was rejected by the State Government on 4-10-1991 and the copy of the said order has been filed along with the counter affidavit.;