By the Court.—These writ petitions have been filed for quashing the notices issued to the petitioners not to use the machines in the mining operations on the basis of the Government Orders issued by the State Government from time to time i.e. 30.11.2002 and 5.2.2003. As common questions are involved in all the writ petitions, as such, they are being decided by a common judgment.

2. The submission raised on behalf of the petitioners is that neither under the terms and conditions of the lease deed nor under any statutory rule there is any restriction or prohibition against the use of machines for the purposes of excavation of sand. As the petitioners are using machines for carrying on mining operations from the river bed and no restrictions whatsoever were placed on the use of machines by the respondents. In view of Rule 40 (c) of the rules, specifically mentions the use of machines for carrying on mining operations. The condition of the lease deed provide for the removal of machines etc. after the expiry of the lease deed meaning thereby that using of machines are permitted. The impugned orders mentioned that uses of machines are prohibited by the Government Order. It has further been submitted on behalf of the petitioners that the Government Order dated 30.11.2002 stating therein that inclusion of the condition of prohibition against the use of machines in the lease deed is without any basis and is against the statutory Rule 40. Further the Government Order dated 5.2.2003 has been issued on the basis of recommendations of Director, Geology and Mining, dated 16.1.2003. Under Section 4 (1) of the Act no prospective licence or mining lease can be granted otherwise than in accordance with the provisions of the Act and Rules made thereunder. Section 4 of the Act is being reproduced below :

“Sec.4. Prospecting or mining operations to be under licence or lease.—(1) No person shall undertake any prospecting or mining operation in any area, except under and in accordance with the terms and conditions of a prospecting licence or, as the case may be, a mining lease granted under this Act and the rules made thereunder :

Provided that nothing in the sub-section shall effect any prospecting or mining operations undertaken in any area in accordance with the terms and conditions of a prospecting licence or mining lease granted before the commencement of this Act which is in force at such commencement :

Provided further that nothing in this sub-section shall apply to any prospecting operations undertaken by the Geological Survey of India, the Indian Bureau of Mines, the Automatic Minerals Division of the Department of Atomic Energy of the Central Government, the Directorate of Mining and Geology of any State Government (by whatever name called), and the Mineral Exploration Corporation Limited, a Government Company within the meaning of Section 617 of the Companies Act, 1956.

(2) No prospecting licence or mining lease shall be granted otherwise than in accordance with the provisions of this Act and the rules made thereunder.

(3) Any State Government may, after prior consultation with the Central Government and in accordance with the Rules made under Section 18, undertake prospecting or mining operations with respect to any minerals specified in the First Schedule in any area within that State which is not already held under any prospecting licence or mining lease.”

3. That under Rule 3(2) of 1963 Rules no mining lease or permit can be granted except in accordance with the provision of 1963 Rules. Rule 3 of the 1963 Rules is being quoted below :

“Mining operations to be under a mining lease or mining permit.—(1) No person shall undertake any mining operations in any area within the State of any minor mineral to which these rules are applicable except under and in accordance with the terms and conditions of a mining lease or permit granted under these rules :

Provided that nothing shall affect any mining operations undertaken in accordance with th