(1.) While coming to hear the Mining Mineral matters, three sets of writ petitions came up for discussion. Since some of the counsel were appearing in many of the cases inasmuch as quite a few factual questions were overlapping, ail the writ petitions of three respective sets were heard together. But, in order to facilitate disposal of the respective petitions, all the three sets, shall be decided by separate judgments one following the other.
(2.) In the first set. there are two writ petitions, Writ Petition No. 30690 of 1997 filed by Vijai Bahadur, and Writ Petition No. 32863 of 1997 filed by Ram Kishore. Shri Har Swarup Nigam assisted by Shri S. S. Nigam, has been heard at considerable length in support of this writ petition. There was an intervening application moved in this case by Shri Murlidhar, filed by Sewak. Likewise, though Ram Kishore has filed an independent writ petition, he also has filed a counter-affidavit in this petition too. which has been represented by Shrl Ravi Kiran Jain. Shri S. G. Husnain. Additional Chief Standing Counsel and Shri Virendra Kumar, standing counsel have appeared on behalf of the State in all the cases. The facts in both the cases are admitted, which are as follows.
(3.) Vijai Bahadur claimed that certain sand area was allocated to him for the first time and also that he belonged to a caste which would entitle him to a preference under Rule 9A of the Minor Minerals (Concession) Rules, which have been framed under the Central Act, known as Mines and Minerals (Regulation and Development) Act, 1957, hereinafter referred to as the State Rules and the Central Act, respectively, claiming, therefore, that on the theory of "first come first serve" as enunciated by the Government Order, dated 25 May, 1995, the lease for the said area should be granted to him. The District Magistrate. Banda after going through various aspects of the matter, passed a detailed order on 15.7.1997 that the petitioner Vijai Bahadur was entitled to have the lease of the said area for the reasons set out in his order. On August 5. 1997 the District Magistrate sent intimation of this decision to petitioner Vijai Bahadur and then on asking, the petitioner deposited Rs. 20.250 as security amount and Rs. 20,250 as the first Instalment payable for the lease, i.e., total sum of Rs. 40.500. In pursuance whereof, demarcation was done on 9.8.1997.