(1.) G. P. Mathur, J. This petition under Article 226 of the Constitution has been filed for quashing the notice dt. 8-4-97 is sued under U. P. Minor Minerals (Concession) Rules, 1963, for grant of mining lease under Chapter II of the Rules.

(2.) SHRI Sumesh Khare, learned Counsel for the petitioner has urged that the State Government had issued a notification on April 4, 1997, creating with effect from the date of publication of the Notification in the Gazette, a new district by the name of Kaushambi and therefore the impugned notification issued by the District Magistrate, Allahabad, on April 8, 1997 with regard to an area which fell in the newly created district of Kaushambi is illegal. In the counter-affidavit filed on behalf of the State, it is averred that it was for the first time on April 9, 1997 that Manoj Singh took over charge as District Magistrate, Kaushambi and prior to that no one had been posted to act as District Magistrate of the newly created District of Kaushambi. It therefore, shows that though the district of Kaushambi had been created on April 4, 1997 but its District Magistrate was appointed only on April 9, 1997. Prior to April 9, 1997 no one was fu