MAIYADEEN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this writ petition, petitioner has prayed for issuance of a writ of the nature of certiorari, quashing the Government Order dated 27/02/1996, contained in Annexure No. 2 to the writ petition as well as quashing of the notice dated 5-10-1996, contained in Annexure No. 3 to the writ petition, passed by, opposite party No. 2 in pursuance of the Government Order dated 27-2-1996.

(2.) The dispute pertains to grant of Theka/ licence for excavation, collection and disposal of minor minerals. To regulate the grant of such licences the U.P. Minor Minerals (Concession ) Rules, 1963 were framed. Vires of Rules 9-A and 53-A of aforesaid Rules were challenged in W.P. No. 3592 (M/B) of 1995 and similar other writ petitions. Rule9-A and Rule 53-A are reproduced as under;

(3.) According to aforesaid Rules, preferential right for the grant of licences in respect of sand and morrum have been given to certain educationally and socially backward classes who are traditionally belonging to such profession.