B.K. Roy, Pramod Kumar Jain, J. - (1.) TWO -fold prayers have been made in this writ petition (i) To quash the entire proceedings for grant of mining lease of Zone No. 3 -A of Yamuna River, district Allahabad by grant of a writ of certiorari; (ii) To command the respondents to reallot the mining lease of the aforementioned Zone. Unfortunately, the petitioner has not brought on record copy of the proceedings which are sought to be quashed by this Court.
(2.) ON 26.2.1998 we had adjourned this case to enable the petitioner to bring on record copy of the entire proceedings. Today Sri Deobrat Mukherjee, learned counsel for the petitioner makes a grievance that even though an application was filed for supplying certified copy of the proceedings it is not being supplied. In support of his assertion be places reliance on paragraphs 3 and 4 of the supplementary affidavit filed on 2nd March, 1998. Mr. Hasnain, learned Addl. Chief Standing counsel, appearing on behalf of the Respondents submitted as follows: - - Certain orders have been passed by the Mining Authority on 16.12.1997, which is apparent from Annexure -4 and a notice was issued to the petitioner informing him that a Patta (Settlement) of 3.97 acres of land is being executed for the basic year; that under Rule 8 of the U.P. Mines and Minerals Concession Rules, 1963 the Mining authority could refuse to grant mining lease for the whole or a part of the area applied for after making enquiries and therefore, the petitioner has a grievance that whole of the area has not been settled with him; and that under Rule 77 an appeal lies against the order aforementioned before the Commissioner and therefore, an alternative efficacious remedy is available to him and the instant writ petition is thus not maintainable.
(3.) WE find considerable force in the submissions of Mr. Hasnain that really the petitioner's grievance is in regard to non -settlement of the whole area by order dated 16.12.1997 of the District Magistrate, Allahabad (the Mining authority under the Act and Rules) against which an appeal lies before the Commissioner under Rule 77 of the Rules.;