C A V ORDER

1. The petitioner has filed this writ petition seeking following reliefs:-

“i. To direct the Respondents for execution of Supplementary Quarry Lease Deed with Digitally signed Petitioner for an additional period of three years in by BALRAM PRASAD DEWANGAN Date: 2024.09.18 terms of amended Rule 4 of the Chhattisgarh Minor Mineral Ordinary Sand (Quarrying and Trade) Rules, 2019 in respect of Parsadajoshi - I and Parsadajoshi - II Ordinary Sand Quarry Leases situated at Khasra No.1 in Village - Parsadajoshi, Tehsil - Rajim, District - Gariaband. ii. Pass any other relief/order or direction, as this Hon'ble Court deems fit and proper looking to the facts and circumstances of the case and in the interest of justice.”

2. Facts relevant for disposal of this case are that respondent No.3 published a notice inviting tender on 27.01.2021 through auction process under the Chhattisgarh Minor Mineral Ordinary Sand (Quarrying & Trade), Rules, 2019 (in short 'the Rules, 2019'). Petitioner participated in the said NIT floated by respondent No.3 for grant of quarry lease of ordinary sand. He was declared as successful bidders vide letter dated 08.03.2021 in respect of Parsadajoshi - I admeasuring 4.90 hectares and Parsadajoshi - II admeasuring 4.30 hectares situated at Khasra No.1, Village Parsadajoshi, Tehsil - Rajim, District- Gariaband. Petitioner was also granted environmental clearance by the State Government Impact Assessment Authority (SEIAA) for both the quarry lease and quarry plan was also approved. The lease were executed in respect of both the mines on 17.11.2021 for a period of two years up till 16.11.2023. Respondent No.4 had also granted land entry/working permission for quarry of sand. During subsistence of the lease period of petitioner, the State of Chhattisgarh vide notification dated 09th May, 2023 has brought amendment in the Rules, 2019 and the duration of quarry lease as provided under Rule 4 of Rules, 2019 has been made as 05 years from the date of registration of quarry lease deed.

3. Learned counsel for the petitioner would submit that the action on the part of the respondents authorities in not deciding the application/ representation submitted by petitioner for extension of lease for further period of three years as per amended provision of Rule 4 of Rules, 2019 is bad in law. It is contended that Rule 4 of the Rules, 2019 was amended vide notification dated 09.05.2023 by way of substitution according to which quarry lease for mining of ordinary sand shall be given for a period of five years and it is made effective from the date of registration of the quarry lease deed, which is also applicable over the subsisting quarry lease for quarry of the ordinary sand. It is contended that as on the date, when Rule 4 of the Rules, 2019 was came into force, petitioner is having subsisting quarry lease and Rule 4 of the Rules, 2019 is substituted, the earlier provision of the rule is considered as if it never existed. From the date of substitution of Rule 4 of the Rules, 2019, new provision of Rule 4 replaces the old one and is regarded as the enacted law. Relying on the judgment of Hon'ble Supreme Court in case of Gottumukkala Venkata Krishamraju Vs. Union of India, reported in (2019) 17 SCC 590, it is submitted that legislative substitution removes the old provision and introduces a new one. This process involves ceasing the old rule and implementing the new one. When a later Act amends an earlier one by incorporating changes, the earlier Act is read as if the amendments were originally part of it, eliminating the need to refer to the amending Act thereafter. It is contended that Rule 4 of the Rules, 2019 is a neutral provision and object of the same had to be gathered from the parent Act and the Rules i.e. Section 8A of the Mines and Mineral (Development and Regulation) Act, 1957 (In short 'the Act, 1957') and Rule 38A of the Chhattisgarh Minor Mineral Rules, 2015 (In short 'the Rules, 2015'). It is argued that, a