- (1.) By the impugned order dated 24.1.2004 issued by the State Government in pursuance whereof the District Officer/District Magistrate has granted permit to the opposite party- Chaturbhuja Nand Yadav, has been challenged by the petitioner on the ground that the permit has been granted without inviting general applications through News Paper and without following the procedure prescribed in Rules 51 to 56 of the U.P. Minor Mineral (Concession) Rules, 1963.
(2.) According to learned Counsel for the petitioner, the opposite party no.3 has been granted mining permit for 10.2 acres relating to sand area situated in Amauli to Barhaj, which was earlier subjected to an auction on 4.2.2003 in which eight persons participated and the highest bid of Rs. 7,70,000/- was of one Vijay Pathak. Approval was sought of the State Government but it declined.
(3.) The area in question, therefore, should have been put to re-auction but according to the petitioner, it was not done and in the meantime opposite party no.4 made an undated application directly to the State Government for grant of mining permit for a period of six months. On this application, the State Government passed an order directing the District Magistrate, Gorkahpur to make recommendations after scrutiny. The District Magistrate while recommending the grant of mining permit in favour of opposite party- Chaturbhuja Nand Yadav mentioned that efforts were made to put the sand area on re-auction by advertising and dates were fixed but no one participated and the area is lying vacant for auction, which was being subjected to illegal mining.;