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 Naga