R.K.Agrawal, J. - (1.) We have heard Sri Prakash Padia, learned counsel for the petitioner, and Sri Vishnu Pratap, learned Standing Counsel appearing for the respondents.
(2.) By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Nishad Mahasabha Sahkari Samiti Ltd., Jaunpur, seeks the following reliefs : "(i) issue a writ, order or direction in the nature of certiorari calling for the record of the petitioner's case and quashing the impugned order dated 13th of March, 1991 passed by respondent No. 2 (Annexure "7") and dated 6th of April, 1991 passed by respondent No. 1 (Annexure "8") and dated 5th of April, 1991 passed by respondent No. 1 (Annexure "9"). (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the working of the petitioner for the purpose of excavation of sand in pursuance of the orders passed by respondent No. 1 dated 16.1.1990 and 20. 1.90 (Annexures "1" and "3"). (iii) issue such other and further writ, order or direction as this Hon'ble Court may deem just and proper in the facts and circumstances of the present case. (iv) award costs of this petition to the petitioner."
(3.) Briefly stated, the facts giving rise to the present petition are as follows : The petitioner is a registered society duly registered under the provisions of the U.P. Cooperative Societies Act, 1965. The petitioner has applied for grant of a mining lease in respect of 20 acres near village Gaura, 60 acres near village Pilkichcha, 10 acres at Saitalu Ghan, 10 acres at Baljapur Ghat, 10 acres at Chuncha Ghat and 20 acres near village Krishnapur from the bank of river Gomti in District Jaunpur for a period of one year, which was granted by the Collector/ District Magistrate, Jaunpur, vide order dated 16.1.1990 for a total sum of Rs. 91, 000/-. According to the petitioner, it had deposited a sum of Rs.45, 500/- being 50% of the amount which was accepted on 20.1.1990 by the District Magistrate. The petitioner started mining excavation from 20.1.1990. In Civil Misc. Writ Petition No. 2124 of 1990 filed by one Sri Mangla Prasad, this Court, vide order dated 1.2.1990, restrained the respondent No. 2 therein from interfering with the right of the petitioner (Mangla Prasad) to excavate the sand on the basis of the order dated 12.1.1990 passed by the District Magistrate, Jaunpur, which order was in favour of the petitioner. Pursuant to the aforesaid order of this Court, the District Magistrate, vide order dated 7.2.1990, restrained the petitioner from doing the mining work which position continued till 13.11.1990 when the stay order was vacated by this Court. However, the petitioner resumed the mining work only from 20.11.1990 when necessary direction was given by the District Magistrate. It continued till 5.4.1991. According to the petitioner, from 5.4.1991 to 15.4.1991 on account of a restraint order passed by the District authorities, it could not do the mining work and thereafter it continued till 14.6.1991. The petitioner deposited a sum of Rs. 22, 500/- on 18.4.1991. The balance amount of lease amount is sought to be recovered by means of arrears of land revenue.;