Arun Tandon - (1.) THESE two writ petitions have been filed by two unsuccessful applicants qua grant of mining lease in respect of the plots of village Babhanpura and Singhwar, district Varanasi. The mining lease in respect of the same has been granted in favour of respondent Ashok Kumar Singh.
(2.) SINCE both the writ petitions raise common issues of fact and law, they have been clubbed and are being decided by this common judgment. Facts of the case in brief are as follows : The District Magistrate, Varanasi published an advertisement dated 5.7.2007 inviting applications for grant of mining lease in respect of various plots of land situate in villages Singhwar, Babhanpura, Chandpur and Narottampur, district Varanasi. In the present writ petition the mining lease in respect of plot situate in village Singhwar and Babhanpura has been questioned, therefore facts relevant qua the same alone are being mentioned herein below :
(3.) IN response to the advertise-ment published, six applications were received including those of two writ petitioners and Ashok Kumar Singh. The applications were processed and it was found that only the applications of two writ petitioners and Ashok Kumar Singh were complete in all respect and therefore worth consideration. The applications of the other three applicants were rejected. The District Magistrate after considering the applications alongwith documents filed by the respective parties, prepared a note qua the grant of mining lease with reference to the priority as provided under Rule 9 (2) of the U. P. Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as 'Rules, 1963'). The recommendation was made on 27.12.2007. In the recommendation so made it was proposed that the mining lease in respect of the plots of the village Singhwar be granted in favour of Ashok Kumar Singh. The recommendation so made by the District Magistrate was questioned before the State Government by Smt. Kunti Devi (one of the petitioner) on the ground that Ashok Kumar Singh was involved in illegal mining in respect of the contract granted in his favour in respect of the village Badgawan, tehsil Sakaldeeha, district Chandauli and therefore he was ineligible for grant of any fresh mining lease. In the aforesaid proceedings initiated by Smt. Kunti Devi, the second petitioner Udai Nath also intervened by making an application.;