SUGLI Vs. COLLECTOR DISTRICT MAGISTRATE

JUDGEMENT

(1.) Writ Petition No. 8827 of 1988 has been filed by Sugli, whereas Writ Petition No. 3745 of 1988 has been filed by Shri Nath. Both of these petitions raise common questions, hence they are being decided by a single Judgement.

(2.) Sugli has claimed certiorari for quashing the advertisement published in the newspaper AMRIT PRABHAT dated 6-5-1988, inviting offers for the settlement of mining permit for Yamuna River Zone II. The relevant portion of his advertisement is being quoted below :-

(3.) The petitioner claimed that the power to charge any amount is within the powers of the State Government under S.15 of the Mines and Minerals (Regulation and Development) Act, 1957 hereinafter referred to as Act). Consequently, the District Magistrate could not issue the impugned advertisement, which runs contrary to the provisions of the Act and the U.P. Minor Minerals (Concession) Rules, 1963 (briefly stated as 'the Rules'), made by the State Government in exercise of the powers under S.15 of the Act.