( 1 ) WE have heard Sri W. H. Khan, learned Advocate for the writ petitioners, learned Standing Counsel for respondents Nos. 1, 2, 3 and 6 and Sri A. K. Goel, learned Advocate for respondent Nos. 4 and 5, Zila Panchayat and Upper Mukhya Adhikari, Gautam Budh Nagar.

( 2 ) PETITIONER No. 1 is the holder of mining license granted by the State of U. P. under the provisions of Minor Minerals (Concession ) Rules, 1963, vide mining lease dated 2/03/1994 for the extraction and collection of the same from the estate of Village Chak Basantpur, Tehsil Dadri, District Gautam Budh Nagar (NOIDA), U. P. Petitioner No. 2 is operator of trucks who carries sands extracted by writ petitioner No. 1. It is asserted in the petition that the Upper Mukhya Adhikari, Zila Panchayat, Gautam Budh Nagar (NOIDA), U. P. vide letter No. 213 dated 29th Sept. 2000 issued a notification dated 20/03/1999 whereby toll tax has been imposed by the said authority on carrying sands. On 1/04/1999 the Special Secretary, Industrial Development Department, U. P. wrote a letter to the District Magistrate Gautam Budh Nagar that the Zila Panchayat has no jurisdiction to frame bye-laws in respect of minerals covered by the Mines

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