JUDGMENT

B.N. Agrawal, J.-This appeal by special leave is directed against the judgment dated 6.11.1998 of the Allahabad High Court rendered in a writ application filed by respondent No. 4 whereby the same has been allowed and order dated 24.9.1997 passed by the State Government sanctioning mining lease of granite sized dimensional stone in favour of the appellant for a period of 15 years in relation to 10 acres of land comprising of Plot No. 1 situate in Baghwa Mahoba and that dated 4.10.1997 passed by the District Magistrate, Mahoba, showing inability to decide the application filed on 4.7.1995 by respondent No. 4 for grant of mining lease in view of the aforesaid order of the State Government sanctioning mining lease in favour of the appellant have been quashed and a direction has been given to the District Magistrate to follow rule 72 of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as "the Rules") and dispose of the aforesaid application filed by the respondent No. 4 on 4.7.1995.

2. The short facts giving rise to this appeal are that respondent No. 4 applied for grant of mining lease in plot No. 1, Baghwa Mahoba measuring 10 acres and on 17.8