S.J. Vazifdar, J. - (1.) The petitioner had challenged Rules 76 to 80 of the Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012 (hereinafter referred to as the Rules).
(2.) The petitioner had earlier filed CWP-12334-2016 challenging an undated communication (Annexure P-6) from the Director General, Mines and Geology, Haryana rejecting their request for waiving the payment of ten percent of the amount of the monthly installments for the Mines and Mineral Development, Restoration and Rehabilitation Fund (hereinafter referred to as the Fund) and for refunding the installments already paid for the earlier months. The petitioner was advised to deposit the balance amounts as required. That writ petition was dismissed as withdrawn on 24.08.2016. The order and judgement dated 24.08.2016 reads as under:- "After arguing for some time, a prayer was made to withdraw the writ petition with liberty to file a fresh one only to challenge Rules 76 to 80 of the Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012. On the basis of the said Rules, as they stand the terms and conditions of the auction, LoI and the contract entered into between the parties, the petitioner is bound to pay the amounts to the Fund. Thus, that aspect cannot be reagitated in the fresh petition. 2. The liberty is granted to challenge the Rules. It is further clarified that even in the event of the Rules being challenged successfully, the matter may not end there. It would have to be considered whether in that event the respondents would be bound to have the entire auction process annulled and call for fresh bids in order to give all prospective bidders an opportunity of bidding under the fresh terms of auction. 3. Dismissed as withdrawn with liberty as aforesaid."
(3.) We, therefore, did not permit the petitioner to challenge the communication on merits. The petitioner was confined to a challenge to the said Rules. The validity of the communication would depend upon the outcome of the challenge to the said Rules.;