The present writ petition has been filed in the nature of mandamus declaring the Uttar Pradesh Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2002, as prospective in its operation. Further a writ in the nature of mandamus directing the respondents not to interfere in the storage, selling and transporting of morrum, stored by the petitioners prior to coming into force of new Rules.

2. The brief facts of the case are that the petitioners are traders of sand/morrum and gitti. Petitioner No. 1 stored minor minerals on plots No. 105 and 106 in village Badanpur, Tehsil and District Hamirpur for the purposes of selling it in the open market. Petitioner No. 2 has stored minerals on plots Nos. 76 and 77 belonging to one Sri Kamesh Chaurasiya in village Shitalpur, plots Nos. 78 and 333 belonging to one Sri Laxmi Narain Singh in Tehsil-Helapur and plot No. 354/2 belonging to one Sri Ram Kishun in village Kanauta in Tehsil & District Hamirpur. The petitioners purchased the above mentioned minerals from the open market and also from various lease/permit holders in the district Hamirpur and Mahoba for selling to various customers who take into for the