Pradeep Kumar Singh Baghel, J. - (1.) The petitioners in this batch of writ petitions have challenged vires of the Uttar Pradesh Minerals (Prevention of Illegal Mining, Transportation and Storage) (First Amendment) Rules, 2019(First Amendment 'Rules, 2019').
(2.) All these writ petitions arise from a similar set of facts and raise identical question of law, hence they are collectively being disposed of by this common judgment. We are adverting to the facts of Writ-C No. 14286 of 2019, M/s. Sunrise Stone Crusher Pvt. Ltd. v. The State of U.P. and others, and it is treated as lead petition.
(3.) The relevant facts, as stated in the lead petition, are these: the petitioner is a private limited company. It has initiated these proceedings under Article 226 of the Constitution of India through its Director. It is engaged in the stone crushing business. The petitioner made an application for licence for storage of minerals. The District Officer, after making necessary enquiry, issued a licence to the petitioner on 06th December, 2014 in Form-B under the Uttar Pradesh Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2002(Rules, 2002). The said licence was effective from 06th December, 2014 to 05th December, 2024 (for a period of ten years) for storage of minor minerals, which include river bed minerals (RBM), sand, bajri and boulders and the storage capacity of the petitioner was 2,00,000 cubic meter at a time. The land to be used for storage purpose was over Gata No. 18/2, area 2.2250 hectare and Gata No. 18/3, area 2.428 hectare, total area 4.753 hectare, in Village Shikarpur, Tehsil Swar, District Rampur.;