- (1.) WHILE coming to hear the Mining Mineral matters, three sets of writ petitions came up for discussion. Since some of the Counsel were appearing in many of the cases, inasmuch as quite a few factual questions were over- lapping, all the writ petitions of three respective sets were heard together. But, in order to facilitate disposal of the respective peti tions, all the three sets, shall be decided by a separate judgments one following the other.
(2.) IN the first set there are two writ petitions, Writ Petition No. 30690 of 1997 filed by Vijai Bahadur, and Writ Petition No. 32863 of 1997 filed by Ram Kishore. Shri Har Swarup Nigam assisted by Shri S. S. Nigam, has been heard at considerable length IN support of this writ petition. There was an INtervenINg application moved IN this case by Shri Murlidhar, filed by Sewak. Likewise, though Ram Kishore has filed an INdependent writ petition, he also has filed a counter-affidavit IN this petition too, which has been represented by Shri Ravi Kiran JaIN. Shri S. G. HusnaIN, Additional Chief StandINg Counsel and Shri Virendra Kumar, StandINg Counsel have appeared on behalf of the State IN all the cases. The facts IN both the cases are admitted, which are as follows. Vijai Bahadur claimed certain sand area was allocated to him for the first time and also that he belonged to a caste which would entitle him to a preference under Rule 9-A of the Minor Minerals (Conces sion) Rules, which have been framed under the Central Act, known as Mines and Minerals (Regulation and Develop ment) Act, 1957, hereinafter referred to as the State Rules and the Central Act, respectively, claiming therefore, that on the theory of "first come first serve" as enunciated by the Government Order dated 25 May, 1995, the lease for the said area should be granted to him. The District Magistrate, Banda after going through various aspects of the matter, passed a detailed order on 15-7-1997 that the petitioner Vijai Bahadur was entitled to have the lease of the said area for the reasons set out in his order. On 5 August, 1997 the District Magistrate sent intima tion of this decision to petitioner Vijai Bahadur and then on asking, the petitioner deposited Rs. 20. 250/- as security amount and Rs. 20, 250/- as the first instalment payable for the lease, i. e. , total sum of Rs. 40, 500/-, in pursuance whereof, demarcation was done in 9-8-1997. In the meantime, it appears that Ram Kishore who was the second ap plicant as noted in the order of the District Magistrate, dated 15-7-1997, made a detailed application before the District Magistrate on 21-8-1997. It was indicated in the said application by Ram Kishore that the petitioner Vijai Bahadur was in volved in several criminal cases such as murder, dacoity, abduction, inasmuch as he was already externed from district Banda under the Control of Goondas Act and was also wanted in several other cases. He drew the attention of the District Magistrate to certain directions issued by the State Government from to time, re quiring that settlement of contracts be not made with persons having criminal history and criminal background. It was, there fore, prayed by Ram Kishore in the said application that full-fledged enquiry about the antecedents of the petitioner Vijai Bahadur should first be got done before taking any further action in pur suance of the order dated 15-7-1997, granting lease to the petitioner Vijai Bahadur.
(3.) A detailed report came from the Police Station Chilla indicating that the petitioner Vijai Bahadur was involved in many criminal cases. He was previous con vict inasmuch as a History Sheet No. 464 was already opened against him, and cur rently, he was involved in six cases, which included offence under Sections 394 and 302, I. P. C. as also Section 20 of the N. D. P. S. Act. It further supported the com plaint that Vijai Bahadur had already been externed by the order of the Magistrate from district Banda in accordance with the provisions of the U. P. Control of Goondas Act. The petitioner Vijai Bahadur has made the following prayer in his writ peti tion: "to issue an order, direction or writ in the nature of mandamus commanding respondent No. 2 (City Magistrate/in-charge Mining Of ficer, District Banda) to execute the lease deed, to issue MM- 11 and permit the petitioner to excavate the sand from Plot No. 3061, measur ing 20. 25 acres. . . . . . . " When the writ petition was filed counter-affidavit was called which has been filed and as stated above, intervening application, and the cross writ petition of Ram Kishore has also been filed, which were heard together.;