H.L.Gokhale, J. - (1.) Heard Mr. W.H.Khan in support of this petition filed as P.I.L and the Learned standing counsel for the State.
(2.) The petition seeks to challenge the letter dated 19.7.2006. The Special Secretary of the State Government has addressed this letter to the District Collector Sonbhadra, granting permission to the respondent No. 5 to have a partnership of his mining lease with respondent No.6.
(3.) The short facts leading to this Public Interest Litigation are this wise. Under the Government scheme and the U.P Minor Mineral(Concession) Rules 1963, there is a scheme to give preference to the persons belonging to the socially and educationally backward classes residing in particular District in respect of mining lease for Sand or Morrum or bajri or boulder or any of these in mixed state, exclusively found in the river bed. Respondent No. 5 is one such person belonging to socially and educationally backward classes. He has been granted such a mining lease in District Sonebhadra. He has taken respondent No. 6 in partnership. As far as this taking of somebody else in partnership is concerned, Rule 19 is relevant Rule which governs such transfer or assignment. This Rule 19 read as follows: "19. Transfer of lease (1) A lessee shall not - (a) assign sublet, mortgage or in any other manner transfer the mining lease or any right, title or interest therein; or (b) enter into or make any arrangement, contract or understanding where by the lessee may be directly or indirectly financed to a substantial extend or may be substantially controlled in mining operations by any person or body of persons other than himself; Provided that a lessee may with the prior approval of the State Government and subject to such conditions and restrictions as may be imposed by it, mortgage to a finance corporation owned and controlled by the State Government or to a scheduled Bank as defined in clause (a) of section 2 of the Reserve Bank of India Act, 1934 or a Bank specified in column of the first schedule to the Banking Companies (Acquisition and transfer of undertaking) Act, 1970, or assign to any other person a mining lease or any right, title or interest therein.";