- (1.) By means of this writ petition, petitioner has prayed for issuance of a writ of the nature of certiorari, quashing the Government Order dated 27/02/1996, contained in Annexure No. 2 to the writ petition as well as quashing of the notice dated 5-10-1996, contained in Annexure No. 3 to the writ petition, passed by, opposite party No. 2 in pursuance of the Government Order dated 27-2-1996.
(2.) The dispute pertains to grant of Theka/ licence for excavation, collection and disposal of minor minerals. To regulate the grant of such licences the U.P. Minor Minerals (Concession ) Rules, 1963 were framed. Vires of Rules 9-A and 53-A of aforesaid Rules were challenged in W.P. No. 3592 (M/B) of 1995 and similar other writ petitions. Rule9-A and Rule 53-A are reproduced as under; 9-A "Preferential right of certain persons in respect of sand and morrum - (1) Notwithstanding anything contained in Rule 9 in respect of mining lease of sand or morrum or both exclusively found in the river bed, preference shall be given in the following order to a person or group of persons, whether not incorporated who;(a) Belong to socially and educationally backward classes of citizens are engaged in carrying on the occupation of excavation of sand or morrum or both as a profession and are resident of the same district in which the area in respect of which the lease is applied, for is situated;(b) Have established or intend to establish the aforesaid minor mineral based industry in the State." Explanation - For the purpose of clause (a) the persons belonging to socially and educationally backward classes of citizens engaged in carrying on the excavation of sand or morrum or both as profession means Mallah, Kewat, Bind, Nishad, Manjhi, Batham, Diwar, Thamayawa, Chai. Sorbhai, Turha, Raikwar, Kaiwrat, Khulwat, Tiyar. Gaindia, Godia and Kashyap and includes such other persons as are specified as such by the State Government, by notification in the Official Gazettee.(2) Where two or more persons or group of persons belonging to any of the categories specified in sub-rule (1) have applied for a mining lease in respect of the same land the applicant whose application was received earlier shall have the preferential right;Provided that where such applications are received on the same day preference shall be decided by draw of lots.53-A Preferential right of certain persons for grant of permit-- Preference shall be given in respect of mining permit of sand and morrum or both exclusively found in the river bed, to a person or group of persons, whether or not incorporated, who belong to socially and educationally backward classes of citizens are engaged in carrying on the occupation of excavation of sand or morrum or both as a profession and are resident of the same district in which the area in respect of which the mining permit is applied for, is situate.Explanation - For the purposes of this rule, the explanation to Rule 9-A shall apply."
(3.) According to aforesaid Rules, preferential right for the grant of licences in respect of sand and morrum have been given to certain educationally and socially backward classes who are traditionally belonging to such profession.;