MAHANAND SINGH Vs. DISTRICT MAGISTRATE SONEBHADRA

JUDGEMENT

(1.) -The petitioners made an application under Rule 6 of the U. P. Minor Minerals (Concession) Rules, 1963. They have prayed that the said application may be directed to be decided. No doubt Rule 8 of the above Rules prescribes the manner of disposal of the application, but in our opinion Rule 8 is to be read along with Article 14 of the Constitution as interpreted in Ramana Dayaram Shetty v. International Airport Authority of India and others, AIR 1979 SC 1628.

(2.) IN our opinion, the Rules cannot override the constitutional provisions and have to be read in consonance with the same, otherwise they will be ultra vires. Hence if any application for mining lease is made under Rule 6 of the Rules, there must be an advertisement in well known newspapers having wide circulation and thereafter, there should be a public auction or tender in which all eligible persons can participate, otherwise, there will be a violation of Article 14 of the Constitution.