( 1 ) THIS petition under Art. 226 of the Constitution seeks Mandamus directing the Collector, Mirzapur, to grant mining lease to the petitioner for mining operations of stone chips, their crushing, transportation etc. An application was made by the petitioner for the purposes aforesaid under the U. P. Minor Minerals (Concession) Rules, 1963, The petitioners grievance is that the application has been unduly and unjustifiably kept pending by the Collector on the ground of prohibition to the granting of leases alleged to have been imposed under the Forest (Conservation) Act, 1980 (Act 69 of 1980), hereinafter referred to as "1980 Act".

( 2 ) IN 1957, the Parliament in order to provide for the regulation of mines and the development of minerals under the control of the Union, enacted the Mines and Minerals (Regulation and Development) Act, 1957. The intention was that the mineral wealth of the country should be conserved and should be worked properly without waste and by persons qualified in that kind of work. S. 2 provides that in public interest the Union could take under its control the regulation of mines and development of minerals to the extent provided therein