JUDGMENT :

1. Heard Shri Rahul Srivastava, learned counsel for the petitioner and Dr. Uday Veer Singh, learned Additional Chief Standing Counsel for the respondents no. 1 to 4.

2. The instant petition has been filed praying for the following main reliefs:

"1. Issue a writ, order or direction in the nature of certiorari quashing the order dated 29.06.2022 passed by the Respondent no. 1 / State Government in revision No. 36 (R) / S.M of 2022 "M/S Alpine Resources LLP vs Commissioner Chitrakoot Dham Mandal Banda & others" contained as Annexure no. 1.

2. Issue a writ, order or direction in the nature of certiorari quashing the order dated 30.04.2022 passed by the Commissioner Chitrakoot Dham Mandal Banda in appeal no. 00132 / 2020, order dated 08.01.2020 passed by the District Magistrate, Hamirpur, contained as Annexure No. 2 & 3 respectively.

3. Direct the respondents to refund the security amount + first quarterly installment of lease amount deposited by the revisionist along with the 18% of interest from the date of the deposit to the date of the refund.

or

Direct the respondents to execute the mining lease in favour of the revisionist for the area in question at the present available and assessed quantity of the mineral i.e. 2,59,104 cubic meter / year and accordingly issue amended letter of intent to the revisionist."

3. The case set forth by the petitioner is that on 14.08.2017 a Government Order had been issued by the State Government providing that henceforth mining leases were to be granted by e-tender-cum-e-auction under Chapter IV of the U.P. Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as the Rules 1963). In pursuance to the said government order a notice / advertisement dated 09.05.2018, a copy of which is annexure 5 to the petition, was issued by the District Magistrate, Hamirpur for settlement of mining leases of sand / mourram under the Rules 1963 in District Hamirpur for several mining blocks by e-tendering. As per the Condition no. 13(6) of the Government Order the applicants had to deposit Rs 15,000/-as application fee and 25% of the bid amount as earnest money for each area separately.

4. In pursuance to the said advertisement the petitioner claims to have participated in the auction proceedings for grant of the mining lease situated in the area in Tehsil Sarila, Village Bheri Kharka, Khand No. 23/21 total area 24.291 hectares for the assessed quantity of mineral of 3,88,608/-cubic meter per year. In the second round of bidding the bid of the petitioner @ Rs 302 per cubic meter was declared highest and an e-mail to the said effect had been sent to the petitioner by the auctioning authority. The petitioner claims to have completed the formalities and on 07.06.2018 a letter of intent had also been issued to the petitioner requiring him to deposit the amount of Rs 2,93,44,704/-i.e. security deposit equal to one quarterly installment of lease amount for first year and Rs 2,93,44,704/-for the first quarterly installment of lease amount of first year totaling Rs 5,86,89,408. The aforesaid amount was deposited by the petitioner. Subsequent thereto an environment clearance certificate was also issued to petitioner on 31.01.2019, a copy of which is annexure 7 to the petition.

5. When the petitioner visited the allotted mining site he found certain mining activities taking place on his allocated area. This fact was also admitted as per the letter dated 21.02.2019 sent by the District Magistrate, Hamirpur to the Director, Geology and Mining of the U.P. Government, a copy of which is annexure 8 to the petition. In the said letter various areas were mentioned but so far as the area of the petitioner was concerned, which was 23/21, it was indicated that a person to whom an area namely 23/12 had been allocated namely M/s Yadav and Sons and to whom a lease deed has been executed on 11.12.2018, was found to be working in the area of the petitioner. The letter also stated that the demarcation which had been carried ou