Arun Tandon, J. - (1.) HEARD Sri M.D. Singh 'Shekhar', Senior Advocate, Sri D.P. Singh, Senior Advocate along with Sri Deobrat Mukherjee, Sri Deo Prakash Singh, Sri Mukesh Prasad, Sri S.K. Dwivedi, Sri Rajesh Khare, Sri Rajesh Letiari, Sri Madan Lal Srivastava, Sri Atul Shahi, Sri Akhilesh Kalra, Sri S.K. Pathak, Sri Prasant Shukla, Sri Atul Shahi, Sri Anoop Trivedi and Sri Ved Prakash Singh, Advocates on behalf of the petitioners, Sri Vijay Bahadur Singh, learned Advocate General for the State of U.P. Assisted by Sri A.K. Singh and Sri Vishnu Pratap Singh, Advocate on behalf of State respondents in this bunch of writ petitions.
(2.) THESE writ petitions have been filed with the prayer to quash the Notifications published by the District Magistrate of various districts of State of U.P. issued under Section 72 of the U.P. Minor Mineral (Concession) Rules, 1963 as amended up to date (hereinafter referred to as 'Concession Rules, 1963') with reference to the Government Notification dated 22nd October, 2014 declaring certain areas as available for grant of minor mineral found in the river bed for the purposes of grant of mining leases. The petitioners challenge Rule 34 sub -rules (4) and (5) as amended under 36th amendment to the Concession Rules, 1963 as well as Rule 9 -A, as introduced by 37th amendment to the Concession Rules, 1963. The petitioners have lastly prayed that the State Government may be directed not to proceed with reference to the Government Order dated 22nd October, 2014 without making suitable comprehensive amendments in the Concession Rules, 1963 in consonance with the Model Minor Minerals Conservation and Development Rules, 2010 (hereinafter referred to as 'Model Rules, 2010') as directed by the Apex Court in the case of Deepak Kumar vs. State of Haryana, reported in : 2012 (4) SCC 629. Since these petitions raise common questions of facts and law they have been cubbed together and are being decided by this common judgment.
(3.) COUNSEL for the parties agree that since affidavits have been exchanged in Writ Petition No. 1498 of 2015, the same may be treated to be the leading case.;