By the Court.—Heard Shri S.P. Gupta, learned Senior Advocate assisted by Pushpila Bisht for the petitioner, Shri S.G. Hasnain, Additional Advocate General assisted by Shri Alok Kumar Singh, learned Standing Counsel for the State Respondents and Shri Ravi Kant, learned Senior Advocate assisted by Shri Rohit Agarwal for respondent No. 5.

2. By this writ petition, petitioner has prayed for quashing the order dated 2-3-2009, passed by respondent No. 3 granting mining permit to the respondent No. 5 for a period of three months in continuation of earlier mining permit dated 1-12-2008. A mandamus has also been sought directing the respondent authorities to restrain the respondent No. 5 from undertaking mining operation or lifting of sand from the sand bearing area Gata No. 25 situate in Village Manglaura, Tehsil Kairana, District Muzaffar Nagar. A mandamus has also been sought commanding the respondent authorities to settle the sand bearing area, i.e. Gata No. 25 situate in Village Maglaura, Tehsil Kairana, District Muzaffar Nagar in accordance with law.

3. Brief facts necessary for deciding the writ petition are: An advertisement was made by the District Magistrate, Muzaffar Nagar on 7/10th November, 2008 inviting applications for grant of mining permit over Plot No. 125 measuring area 7.286 acres situate in Village, Manglaura Tehsil Kairana, District Muzaffarnagar.

4. In pursuance of the above advertisement, applications were submitted including that of respondent No. 5, Sanjeev Kumar. By an order dated 1-12-2008, a short term mining permit was granted to respondent No. 5 for a period of 3 months to lift the quantity of 4150 Cubic Metres of sand. On 27-2-2009, the respondent No. 5 made an application stating that he could not lift the quantity of sand as permitted under the permit and requested the respondent No. 3 to permit an extension of period of mining of 3 months and further he be permitted to lift the sand to the quantity of 1 Lac cubic metre. The respondent No. 5 also deposited royalty of Rs. Seventeen Lacs for excavation of sand in advance. An order dated 2-3-2009 has been passed by the District Magistrate, Muzaffarnagar granting a short-term mining permit for a period of 3 months to respondent No. 5 in continuation of earlier permit granted on 1-12-2008 for lifting 1 lac cubic metre of sand. The order dated 2-3-2009, passed by the District Magistrate, has been challenged in the writ petition. The petitioner’s case in the writ petition is that he is a prospective applicant and is engaged in business of mines and mineral and was interested in having mining permit of the sand bearing area situate in District Muzaffar Nagar. Petitioner further states that mining permit granted vide order dated 2-3-2009 to the respondent No. 5 is without any advertisement and in contravention of the provisions of the U.P. Minor Minerals (Concession) Rules, 1963 hereinafter called the “Rules 1963”.

5. Counter affidavit has been filed on behalf of the State respondents as well as on behalf of the respondent No. 5 to which rejoinder affidavits have also been filed.

6. Shri S.P. Gupta, learned Senior Counsel appearing on behalf of the petitioner submitted that the order dated 2-3-2009 granting mining permit to respondent No. 5 is a fresh grant of mining permit. It is submitted that mining permit which was granted on 1-12-2008, could not have been extended by the District Magistrate because there is no provision under the 1963, Rules for extension of a mining permit. He submits that by mining permit granted vide order dated 1-12-2008 the respondent No. 5 was permitted to excavate 4150 Cubic Metre of sand within three months, whereas by order dated 2-3-2009, he has now been permitted to excavate 1 lac cubic metre of sand which in no manner can be treated to be as extension of earlier mining permit. It is submitted that the order dated 2-3-2009, being a fresh grant it was required to be advertised. The applicant was very much interested in ta