RAMESHWAR Vs. ZILA ADHIKARI

JUDGEMENT

(1.) R. K. Mahajan, J. The petitioner has moved this writ petition seeking a writ in the nature of certiorari quashing the impugned order dated 22-1-1996 passed by the respondent No. 1 (annexure No. 2 to the writ petition) and he also seeks a writ in the nature of mandamus commanding the respondent No. 1 not to allow the respondent No. 3 to to excavate "morum" as the renewal of permit dated 22-1-96 is bad in law and not in consonance with the Rule 55 of the U. P. Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as the Rules ).

(2.) THIS writ petition has arisen out from the following facts. Admittedly the petitioner was granted permit on 8-11-1995 for three months to excavate 45755 cubic meter "morum" on payment of royalty of Rs. 5,49,060 from 8-11-1995 to 7-2-1996, in area Koro Kanak, pargana Muttor, district Fatehpur. At the time of grant ing permit there were other applicants also who competed with the petitioner.

(3.) THE plea of the petitions is that once the excavation of requisite quantity ' of "morrum" is complete, permit expires and the maximum period for excavation is three months and if earlier it is excavated new permit cannot be issued or THE permit holder cannot be allowed to excavate more, the submission of the counsel for the respondent is that even more quantity has been excavated than mentioned in the original permit given to the original permit holder. Even then the permit can be renewed within three months. We are afraid to agree with the counsel for the respondent. We are of the opinion that renewal will not be in public interest and against the Rules. THEre are two contingencies laid down in the Rule i. e. the permit so issued shall be valid until the date of the expiry of permit specified in the period or till such date when the permitted quantity of "morrum" is removed whichever is earlier. On a plain interpretation of the rule it is clear that if the quantity is ex cavated earlier than three months the permit expires. THE Rule envisages that outer limit is three months for excavation or the "morrum" granted in the permit and no other interpretation can be put. THEre is rule under Section 27-A of the Rules for procedure of grant of lease by tender. Tb understand more clearly Rule 27-A of the ules quoted with advantage: "27-A Procedure for grant of lease by tender.- (1) In respect of an area or areas declared under sub-rule (1) of Rule 23, as area for grant of lease by tender the following shall be the procedure ; (i) THE District Officer or the Committee shall at least thirty days before the last date of submission of tenders, invite tenders by publishing a tender notice in a daily Hindi Newspaper having circulation in the district, in which the area or areas is/are situate. THE tender notice shall contain the term and conditions of the lease and the details of area or areas alongwith the last date and time up to which and the place where the tenders may be submitted. (ii) Copies of tender notice shall also be put up on the Notice Board at the office of the District Officer and at some convenient place close to area. * * * Rule 27 lays down procedure loi grant of lease by auction. It is quoted with advantage : "27. Procedure for grant of lease by auction.- In respect of an area or areas declared under sub-rule (1) of Rule 23 as areas for grant of lease by auction the following shall be the procedure: (a) THE District Officer or the Committee authorised by the State Government under Rule 71 hereinafter referred to as the Committee, shall at least thirty days before the date of auction, give notice in the manner given below indicating the date, time and place of the action. " THEse rule safeguards the interest of the public money and fair opportunity is given to future bidders or prospective tenderers. In public contract/tenders every body has a right to bid or offer a tender, if he fulfills the conditions.