S.R.SINGH, J. - (1.) By means of the petition in hand under Art. 226 of the Constitution of India, the petitioner seeks issuance of a writ of certiorari quashing the auction notice dt. 31st Oct. 1992 issued' by the District Magistrate, Banda, notifying to the general public that settlement of Sand/Moram in district Banda for the year 1992-93 would be done through auction, tender or auction-cum-tender segment-wise (Khand-wise) as stipulated/specified in the impugned auction notice annexed as Annexure 8 to the writ petition.
(2.) We have heard Sri R. C. Srivastava, learned Senior Advocate appearing for the petitioner and the learned Standing Counsel appearing for the respondents.
(3.) The learned counsel appearing for the petitioner urged that the impugned notice enumerates division of district Banda in sixteen segments (Khands) for the purposes of auction sale with a view to granting mining lease in respect of sand/Moram in the district of Banda, whereas in the yester years there were 19 different areas, to be settled separately in the Tahsil Banda alone and, urged the learned counsel, division of the district by means of the impugned order into larger areas by clubbing smaller ones, is arbitrary and tends to create monopoly for large sized contractors which is against declared tack of the government as indicated in paragraph 7 of the Government Order No. 6134/18-12-90-10/90 dt. 16th Nov. 1990, annexed as annexure 5 to the writ petition which reads as below. "(7) Neelami/Nivida/Nilami Evam Nivida Pranali Se Parihar Sweekrat Kiye Jane Hetu Kshetra/Ishetron Ki Niyuntam Athwa Adhiktam Shetraphal Ki Seema Nirdharit Kiye Jane Ki Avashyakta Nahi Hei. Jahan Tak Sambhav Ho Chhote Chhote Kshetra Jisme Swatantar Roop Se Bina Kisi Byavdhan Ke khanan Karya Kiya Ja Sakta Hai, Sweekrat Kiye Jayen. Aise Kshetra, Jo Poorva Se Patte/Permit Par Sweekrat Kiye Jate Rahe hein, Un Kshetron Me Yatha Sambhav Koi Parivartan Na Kiya Jaye." The submissions made by the learned counsel do not carry conviction with us. Rule 23(1) of U.P. Minor, Minerals (Concession) Rules 1963, (hereinafter referred to as the Rules) provides that the State Government, may, by general or Special order, declare area or areas, which may be leased out by auction or by tender or by auction-cum-tender such area or areas, as contemplated by sub-rule (3), may be leased out according to the procedure described in Chapter IV of the Rules. Procedure for grant of lease by auction has been prescribed in R. 27, while the one by tender is contemplated by R. 27-A of the Rules. The procedure for grant of lease by auction-cum-tender is provided in R.27-B of the Rules. The mining areas were specified by the State Government by means of notification dt. 13/05/1980 issued under S. 23(1) of the Rules, a copy of which has been annexed as Annexure-1 to the writ petition. The declaration of mining area under R. 23 (1) of the Rules May, however, be not confused with the division or sub-division of the area so declared into different sectors or segments for purposes of settlement. The impugned notice dividing the entire district Banda into sixteen segments, is in respect of the mining area so declared as aforesaid by the State Government under R. 23(1) of the Rules by means of the notification dt. 13/05/1980 referred to above. The impugned notice issued by the District Magistrate is not in respect of any area which is not included in the notification dt. 13/05/1980. All that the District Magistrate seems to have done for purposes of settlement under. Chapter IV of the Rules is that certain smaller areas have been clubbed together to constitute a sector/segments (Khand) as indicated in the impugned notice which bespeaks that the mining area declared by the State Government by means of aforesaid notification dt. 13/05/1980 falling in Tahsil Banda, has been divided into six segments (Khands). However, our attention was not invited to any provisions or the Rules interdicting such arrangement being made by the District Magistrate for valid reasons.;