- (1.) BY the Court. The above three Writ Petitions, inter alia, seeking to challenge orders regarding renewal of mining lease have been filed. As similar facts and common questions of law are involved in all-the three Writ Petitions, therefore, the same are being disposed of by this common judgment. Civil Misc. Writ Petition No. 36599 of 2004 is being treated as the leading case, and the facts of the said ' Writ Petition are narrated in detail hereunder.
(2.) THE petitioner-Tejender Malik in the said Writ Petition has, inter alia, sought quashing of the orders dated 26.5.2003 (Annexure-11 to the Writ Petition) and 19.6.2003 (Annexure-15 to the Writ Petition) passed by the respondent No. 1-State of U.P. and the orders dated 9.6.2003 (Annexure-13 to the Writ Petition) and 26.6.2003 (Annexure-16 to the Writ Petition) passed by the respondent No. 2-District Magistrate, Gautam Budh Nagar, and has further sought quashing of the renewed mining lease deed executed on 8.7.2003 and registered on 13.8.2003 (Annexure-17 to the Writ Petition). Further prayer has been made for issuance of writ, order or direction in the nature of mandamus commanding the respondents not to allow the respondent No. 4-Okhla Sand Supply Company Ltd. to carry out mining operation on the basis of the said renewed lease deed executed on 8.7.2003 and registered on 13.8.2003. From the averments made in the above three Writ Petitions, it appears that the minor mineral involved in these Writ Petitions is sand. The minor mineral areas involved in these Writ Petitions are (i) Village Raipur Khadar, (ii) Village Asgarpur Jagir, and (iii) Village Chak Basantpur. Mining leases in respect of the said areas were granted to different lessees under the lease system as provided in Chapter II of the U.P. Minor Minerals (Concession) Rules, 1963 (in short "the 1963 Rules") in the year 1989 for various tenures. Some of the said leases expired in the year 1992 while some of the said leases expired in the year 1994. In the circumstances, certain applications were moved for grant of mining leases under Rule 6 of Chapter II of the 1963 Rules. One such application was moved by the respondent No. 4 in Civil Misc. Writ Petition No. 36599 of 2004 for grant of mining lease for Plot No. 30/1 and 30/2, Village Chak Basantpur and an area of 156 acres received from the State of Haryana.
(3.) IT is pointed out in the Writ Petition that during the said period a Government Order No. 5235, dated 5.9.1990 issued under Rule 68 of the 1963 Rules was in operation whereunder the entire mining areas in the State of U.P. were declared under Rule 23(1) of the 1963 Rules for grant of mining lease under Chapter IV by auction and tender. In continuation of the said Government Order dated 5.9.1990, another Government Order No. 6134, dated 16.12.1990 was issued in regard to the settlement of mining leases by way of auction/tender/auction-cum-tender system as provided under Chapter IV of the 1963 Rules. Copy of the said Government Order dated 5.9.1990 has been filed as Annexure-1 to the Writ Petition. Copy of the said Government Order dated 16.12.1990 has been filed asAnnexure-3 to the Writ Petition.;