D. P.  MOHAPATRA, CJ.

1. THE core question that arises for consideration in this case is whether in the judgment rendered on 19th of February, 1996 in Civil Misc. Writ Petition No. 3659 of 1996, Rameshwar v. Zila Adhikari/Prabhari Adhikari (Khanij) Fatehpur and others, (since reported in 1996 (2) AWC 681). This Court has laid down as a proposition of law that for grant of short-term mining permit under Chapter VI of the U. P. Minor Minerals (Concession) Rules, 1963 (for short, the Rules), notice of not less than thirty days as laid down in Rules 27 and 27A of the said Rules has to be given and if so, whether that is the correct position of law?

2. THE factual backdrop of the case necessary for proper appreciation of the question may be stated thus : In pursuance of the notice dated 11.3.1996 issued by the District Magistrate, Fatehpur inviting applications for grant of mining permit for excavation of Moram from plot No. 10, area 294.10 acres of plot No. 21 of village Datauli by 18.3.1996, the petitioner Gopi Nishad submitted an application in the prescribed form MM-8 on 18.3.1996, filed treasury challan of Rs. 400 along with the application and deposited by bank draft and