JEET MAL NISHAD Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Mahajan, J. The petitioner has filed this writ petition with the following prayers: " (1) issue a writ, order or direction in the nature of certiorari quashing the notice dated 19-2-1996 issued by respondent No. 2 (Annexure No. 1 to this writ petition); (2) issue a writ, order or direction in the nature of mandamus directing the respondents to decide the application of the petitioner dated 16-1-1996 for plot No. 351 of, Tehsil Karchana, District Allahabad within time stipulated; (3) issue a writ, order or direction in the nature of mandamus commanding the respondents from issuing the mining permit of District Allahabad of the various mining area of river Yamuna even otherwise in accordance with law; (4) issue such other and further order or direction in the nature of which this Hon'ble Court may deem fit and proper in the nature and circumstances of the present case. "

(2.) THE petitioner's grievance is that from 27-8-1994 auction lease system has come to an end and the District Magistrate have been directed to apply the provisions of Chapter II of U. P. Minor Mineral (Concession) Rules, 1963 (hereinafter referred petitioner. He further alleges that issuing of notices dated 19-02-1996 inviting application for grant of mining permit is illegal in view of the declaration of the area made under Rule 24 of Rules of 1963 dated 27-8-1994 is still in operation and the area could not have been withdrawn from Chapter IV and included in Chapter II. THE petitioner also alleged that he is a Mallah by caste and he has a preferential right under Rule 9-A of Rules of 1963 for consideration of mining lease of sand. THE public notice was issued by the Government on 19-2-1996 with respect to areas near river Yamuna with certain conditions.

(3.) WE are of the considered view that how a writ of mandamus cannot be issued to issue permit and how it can be assumed without material that Government has committed illegality. In the result the writ petition is dismissed.