JUDGMENT :

Shri Devbrat Mukherjee appears for the petitioner. Learned standing counsel appears for the State respondents. The validity of clause (a) of sub rule (2) of Rule 23 of Uttar Pradesh Minor Minerals (Concession) Rules, 1963 is being questioned vide this petition under Article 226 of the Constitution of India. Ancillary relief sought by the petitioner is the quashment of notice dated 20.6.2020 inviting e-tender for grant of mineral lease. Petitioner also seeks mandamus to the extent that the respondents be directed to grant mining lease for five years.

The impugned clause (a) sub rule (2) of Rule 23 of 1963 Rules as brought in vogue vide 50th Amendment Rules 2020 w.e.f. 22.5.2020 is reproduced for ready reference:

“ (2) Subject to direction issued by the State Government from time to time in this behalf-

(a) The area or areas for mining leases in respect of sand or morrum or bajari or boulder or any of these in mixed state exclusively found in the riverbed shall be leased out only by e-tender or e-auction or e-tender-cum-e-auction for the fixed period of five years at a time:

Provided that, if for any reason, it is not possible to settle the river bed mining areas for the lon