JUDGMENT :

Sri Shashi Nandan, learned Senior Counsel assisted by Sri Udayan Nandan, learned counsel appears on behalf of petitioner.

Learned Standing Counsel appears on behalf of State- Respondents.

1. A Notice Advertisement was published on 13.09.2018 by District Magistrate, Banda for the settlement of mining leases of sand/moram under the U.P. Minor Minerals (Concession) Rules, 1963 for 5 mining Blocks, by e-tendering and as per Condition No. 13 (6) of the Government Order dated 14.08.2017 respective applicants had to deposit Rs.15,000/- as application fee and 25% of the bid amount as earnest money separately for each area. That term and condition no.19 and 22 (1) of the Advertisement stipulated that within three days from the date of acceptance of bid, the successful bidder shall deposit the requisites mentioned therein and that before participating in the bid the bidders were first require to satisfy themselves by physically verifying the determined quantity of mineral and the approach road to the site. These clauses are reproduced for ready reference:

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