(1.) By means of writ petition (C.M.W.P. No.10037 of 2020) the petitioners, who are members of registered society are, in the business of extracting, crushing transporting, and selling the minor minerals in Madhya Pradesh and in other States, are challenging the 48th Amendment in Uttar Pradesh Minor Minerals (Concession) Rules, 1963, Rule 21 (4) and Rule 70 (2) of the Uttar Pradesh Minor Mineral (Concession) Rules, 2020, and Rule 21 (5) and Rule 72 (2) of the Uttar Pradesh Minor Mineral (Concession) Rules, 2021 and the Government Order dtd. 24/2/2020 and 10/8/2022.
(2.) While the aforesaid writ petition was pending, the petitioners preferred a Special Leave Petition before the Hon'ble Supreme Court stating that the writ pe- tition was listed but neither the stay application was heard, nor the main petition. On this, Hon'ble Supreme Court directed this Court to decide the proceedings ex- peditiously. In view of the direction of the Hon'ble Supreme Court, we have taken up the present writ petition.
(3.) Mines and Minerals (Regulation and Development) Act, 1957 (herein after referred as MMRD Act 1957 for the sake of brevity), has been enacted by the Par- liament to provide for development and regulation of mines and minerals. The rel- evant Sec. which are important for the adjudication of the current issues are be- ing reproduced herein for reference: