KAMLESH NISHAD Vs. DISTRICT OFFICER DISTRICT MAGISTRATE HAMIRPUR

JUDGEMENT

(1.) The short question for consideration in this writ petition is whether impugned notice dated 17-10-1994 (Annexure '6' to the writ petition) inviting applications for granting lease in respect of the areas as mentioned therein, is valid. .

(2.) The facts, briefly, stated are that the U.P. Minor Minerals (Concession) Rules, 1963 (the Rules, for short) were amended by the U.P. Minor Mineral (Concession) 20th Amendment Rules. 1994 inserting Rule 9A giving preference to socially and educationally backward classes of citizens in granting lease for excavation of sand and morum from the river beds. After the aforesaid 20th Amendment in the Rules in respect of which notification was issued on 27-8-1994, a G.O. dated 22-9-1994 (Annexure '3' to the petition) was issued to all the District Magistrates by the Government directing them to grant lease onwards only under the amended rules. Thereafter, District Magistrate, Hamirpur, respondsent No.1 issued a notice dated 24-9-1994 (Annexure '4' to the petition) inviting applications for excavating sand and morum in respect of the areas in the bed of rivers, mentioned therein. Purusant to the said notice, the petitioner who belongs to Nishad caste sent an application dated 1-10-1994 (Annexure '5' to the petition). When 20th Amendment was made by notification dated 27-8-1994, a declaration was also made under Rule 24 of the Rules denotifying the areas which were earlier notified under Rule 23 of the Rules. The notice dated 24-9-1994 Annexure '4' to the petition) is said to have been issued in respect of the areas for which the declaration dated 27-8-1994 was made under Rule 24 of the Rules.

(3.) The area of different river beds as mentioned in the said notice, ranges from 20 acres to 3208 acres.