ABHIMANYU PRASAD Vs. STATE OF U. P.

JUDGEMENT

(1.) Leave granted.

(2.) The appellants had applied for and were granted a mining lease for three years on 16-9-1998. The lease which was granted under the U.P. Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as "the Rules") was valid uptil 15-9-2001. It may be mentioned at this stage that the appellants had been granted the lease in terms of Rule 9-A of the said Rules which gave a preferential right to persons belonging to certain specified backward classes.

(3.) According to the appellants they had applied for renewal of the lease on 23-3-2001 prior to the date of its expiry. In the meanwhile the constitutional validity of Rule 9-A had been challenged before the High Court by certain other (third) persons. The provision was held to be unconstitutional by the High Court on 27-3-2001 and was accordingly struck down. A special leave petition was filed by the State Government as well as by those persons who had been granted preference under Rule 9-A. On 10-9-2001 this Court passed an order of status quo.