Hon’ble R.K. Rastogi, J.—In both these writ petitions a common question of law regarding applicability of Rule 9-A of the U.P. Minor Minerals (Concession) Rules,1963 (the Rules) is involved, hence we have heard both of them together and now we are deciding them by a common judgment.

2. The facts relevant for disposal of both these writ petitions are that the U.P. Minor Minerals (Concession) Rules, 1963 were amended by the 20th Amendment Rules on 7.8.1994 and Rule 9-A was added which provides for preference to certain class of persons in the matter of grant of mining leases. This amendment was challenged in a writ petition and was declared ultra-vires by Full Bench decision of this Court in the case of Ram Chandra v. State of U.P. and another, (2001) 1 SAC 475. A Special Leave Petition was filed against this order before the Hon’ble Apex Court. Later on this appeal was disposed of on 9.9.2002 on the undertaking given by the State Government that no preference will be given to any one in granting the mining leases. It is relevant to point out that some leases had already been granted in pursuance of the 20th Amendment dated 7.8.1994. These leases were permitted to complete the