The petitioner has moved this writ petition seeking a writ in the nature of certiorari quashing the impugned order dated 22-1-1996 passed by the respondent No. 1 (annexure No. 2 to the writ petition) and he also seeks a writ in the nature of mandamus commanding the respondent No. 1 not to allow the respondent No. 3 to to excavate "morum" as the renewal of permit dated 22-1-96 is bad in law and not in consonance with the Rule 55 of the U. P. Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as the Rules ).

2. This writ petition has arisen out from the following facts. Admittedly the petitioner was granted permit on 8-11-1995 for three months to excavate 45755 cubic meter "morum" on payment of royalty of Rs. 5,49,060 from 8-11-1995 to 7-2-1996, in area Koro Kanak, pargana Muttor, district Fatehpur. At the time of grant ing permit there were other applicants also who competed with the petitioner.

3. It is alleged that on 6-1-1996 Mining Inspector inspected the area and found that Sri Gopi Nishad, respondent No. 3 had excavated 1908 cubic meter "morum" more than that he was permitted to excavate and the report was submitted on 10-1-1996 to the responden