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 fur