R.K.Rastogi, J. - (1.) This is a writ petition for quashing the notice dated 26.12.2005 issued by the respondent no. 2 and for a direction to the respondents to permit the petitioner to continue his mining operation in Lot no. 2 Khand Sankhya 871, Vill- Piper Deedh , Tehsil Duddhi District Sonbhadra on royalty basis.
(2.) The facts relevant for disposal of this writ petition are that the present petitioner had earlier filed Civil Misc. Writ petition No. 72493 of 2005 in this Court claiming the following reliefs: "(i) To issue a Writ, Order or direction in the nature of certiorari quashing the impugned order dated 14.10.2005 passed by Respondent no.2 and notice dated 18.10.2005 issued by office of respondent no.2. (ii)To issue a Writ Order or direction in the nature of Mandamus directing the Respondents to permit the petitioner to continue his Mining Operation in Lot 2, Khand Sankhya 871, Vill- Piper Deeh, Tehsil -Dudhi District -Sonbhadra in pursuance of Lease executed on 18.7.2005." The arguments in the aforesaid writ petition were heard on 28.11.05 and the judgment was reserved. The following interim order was also passed in the above writ petition on the same date: "Till further orders of this Court, State Govt. will not finalise the lease of Lot no.2, Khand No. 871, Vill- Piper Deeh, Tehsil Dudhhi, District Sonbhadra."
(3.) Before the judgment could be delivered in the above writ petition the District Magistrate, Sonbhadra issued a notice on 26.12.05 giving reference of the above order passed by this court in the aforesaid writ petition on 28.11.05 and awaiting for the judgment he invited applications for grant of mining lease for a period of one month only to avoid loss of revenue to the Government. Aggrieved with the above notice, the petitioner Krishna Kumar filed present Civil Misc. Writ petition no. 1407 of 2006 seeking the following reliefs: "(i) To issue a Writ, Order or direction in the nature of certiorari quashing the impugned order dated 26.12.2005 passed by Respondent no.2 and notice dated 18.10.2005 issued by office of respondent no.2 (Annexure No.1 of the Writ Petition) (ii)To issue any other Writ, Order or direction in the nature of Mandamus directing the Respondents to permit the petitioner to continue his Mining Operation in Lot 2, Khand Sankhya 871, Vill- Piper Deeh, Tehsil -Dudhi District -Sonbhadra in pursuance of Lease executed on 18.7.2005 on royalty basis.";