Hon’ble Ashok Bhushan, J.—The petitioners, in all these writ petitions are claiming grant/renewal of mining lease of minor minerals in accordance with the provisions of Uttar Pradesh Minor Minerals (Concession) Rules, 1963 hereinafter called the “Rules, 1963”. In several writ petitions, there is challenge to the Government Order dated 31.5.2012 and subsequent Government Orders dated 2.7.2012, 5.7.2012, 26.7.2012 and 5.9.2012. The questions raised in all these writ petitions being inter-connected, all these writ petitions have been heard together and are being decided by this common judgment.

2. In Writ Petition No. 37725/2012, Nar Narain Mishra v. State of U.P., counter-affidavit and rejoinder-affidavits have been exchanged in which the State has also filed its written submission, hence the said writ petition is being treated to be the leading writ petition and reference to the pleadings in the said writ petition shall suffice to decide the controversy raised in all the writ petitions. Apart from noticing the fact that in the leading writ petition, facts in certain other writ petitions shall also be noted to fully appreciate all the issues raised in this bunch of writ petitions.

3. Writ Petition No. 32828/2012, has been filed by Shailendra Singh praying for a writ of mandamus directing the respondents, especially respondent No. 2, to decide the mining lease renewal application dated 23.3.2011 in respect of Gata No. 2451 area 6.50 acre, situate in Village Jarar, Tehsil Naraini, District Banda. Petitioner, Shailendra Singh, claims to have been granted a mining lease on 16.10.2001, in the aforesaid plot for a period of 10 years. The petitioner is claiming a direction for deciding his aforesaid renewal application.

4. Counter-affidavit has been filed by the State in which reference has been made to the Government Order dated 31.5.2012, by which it is claimed that the entire area in the State has been declared to be settled by E-Tendering. A Government Order dated 5.9.2012, was also annexed clarifying the stand of the State regarding renewal application. It has been stated in the said Government Order that as and when the period of lease expires, the same shall be settled by E-Tendering. Copy of the notice dated 6.7.2012, has also been annexed alongwith the counter-affidavit. In pursuance of which Government Order dated 31.5.2012, the District Magistrate, Banda has issued notice for grant of lease by E-tendering. Details of the area alongwith the names of mineral and reserved price has been mentioned in the notice. It has been further pleaded that the application of the petitioner for renewal has already been rejected and the plot with regard to which the petitioner had claimed right for renewal is covered by the notice dated 6.7.2012. While hearing the Writ Petition No. 32828/2012, this Court passed a detailed order on 31.7.2012, asking the State to clarify its stand by filing affidavit of Principal Secretary, Geology and Mining, U.P. Lucknow. Following is the order passed on 31.7.2012:

“Heard Sri Birendra Singh and Sri Mukesh Prasad, counsel for the petitioner and Sri Yashwant Varma appearing for the State.

By this writ petition, the petitioner has prayed for a mandamus directing the respondents to decide the mining lease renewal application dated 23.3.2011. Alongwith this writ petition, there are other writ petitions listed. In some of the petitions, there are prayer for grant of fresh lease under Chapter II of the U.P.Minor Mineral Concession Rules, 1963. The State Government has issued a Government Order dated 31.5.2012 which has been brought on record as Annexure-CA-1 to the counter-affidavit. The subject-matter of the Government Order is as follows:

“Vishay: Pradesh Mein Balu, Moram, Bajari evam Bolder Ke Rikt Kshetron Ko Uttar Pradesh Up Khanij (Parihari), Niyamawali, 1963 Ke Adhyay-4 Ke Providhono Ke Antargat e-tendering Pranali Ke Madhyam Se Parihar Par Sweekreet Kiye Jane Ke Sambhandh Mein”

The Government Order p