CWP No. 13130 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 13130 of 2010 Date of Decision: 28.7.2010 Mewa Singh ....Petitioner. Versus State of Punjab and another ...Respondents. CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL. HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Mansur Ali, Advocate for the petitioner. ADARSH KUMAR GOEL, J. 1. This petition seeks quashing of auction notice dated 19.7.21010 on the ground that auction of mining sites is proposed district-wise as one unit. 2. Case of the petitioner is that if mines are allotted site-wise then small individuals will be able to participate and if it is district-wise, then only big persons will be able to participate and this will give rise to mining mafia. Under Rule 13 of the Punjab Minor Mineral Concession Rules, 1964 (in short “the Rules”), the mining lease can be granted for such area as the Government may deem fit but the lessee should not hold a lease mining area more than 5 square kilometers in respect of one minor mineral. 3. We have heard learned counsel for the petitioner. CWP No. 13130 of 2010 -2- 4. We are unable to accept the submission that the proposed action will violate rule 13 (2). According to the said rule, no lessee either by himself or jointly hold area exceeding 5 square kilometers in aggregate in respect of one minor mineral within the State of Punjab. Area covered by the auction notice, Annexure P-1, for the district in question is not shown to be more than 5 square kilometers so as to be in violation of the rule. 5. As regards the plea of district-wise auction, there is no ground to interfere being in the sphere of policy making. Manner of disposal of public property can be challenged only on the ground of illegality, irrationality or procedural irregularity. Even if there can be two views, the Court cannot substitute its own wisdom in the matters of policy. 6. Accordingly, we do not find any ground to interfere with the proposed auction. The petition is dismissed. 7. It is, however, made clear that the petitioner is not debarred from putting forward his grievance at appropriate forum in accordance with law. (ADARSH KUMAR GOEL) JUDGE July 28, 2010 (AJAY KUMAR MITTAL) gbs JUDGE