Judgment ( 1. ) BY order passed on 31. 1. 2008 this writ petition i. e w. P. No. 16020/2007 was directed to be linked with W. P. No. 17768/2007 for analogous hearing, accordingly, these two writ petitions were heard together and are being disposed of by this common order. ( 2. ) CHALLENGE in writ petition No. 16020/2007 is to an order dated 31. 8. 2007 passed by the Director, Geology and Mining, Directorate of Geology and Mining; whereby, the relief of issuance of transit pass issued by the Collector Bhind in favour respondent No. 4 for transit of sand from Sand Quarry areas comprising 13. 77 hectares in Survey No. 1195,1289, 1290,1292,1318, 1319, 1200,1406. 1407 situate at village Dwar District Bhind (referred to as Dwar Sand Quarry Area)was declined. The stay application was filed in an appeal preferred by the petitioner under Rule 57 (2) of M. P. Minor Mineral Rules, 1996 against the order dated 25. 7. 2007 and 26. 7. 2007 passed by Collector in favour of respondent No. 4 for issuance of transit pass. The challenge is on the ground that the issuance of transit was much after the expiry sand quarry lease which expired on 8. 6. 2006. ( 3. ) THE respondent No. 2 had rejected the application for stay mainly on the ground that the transit passes were issued in favour of respondent No. 4 because of the status quo order granted by the Gwalior Bench of this Court on 6. 6. 2006. The operating portion of the impugned order is in following terms: ( 4. ) THUS in substance the rejection of stay application was mainly because of the status quo order dated 5. 6. 2006 passed in connected writ petition No. 1. 7768/2007. ( 5. ) THE writ petition No. 17768/2007 has been filed at the instance of Ram pratap Singh, the respondent No. 4 in W. P. No. l6c20/2007; wherein the relief sought is a direction to respondent authorities to consider the application for grant of extension of lease period/agreement by excluding the intervening period when the petitioner could not operate and further, a direction to respondent authority to allow him to carry out the mining operations. These reliefs are sought in the wake of the fact that sand quarry lease over Khasra Nos. These reliefs are sought in the wake of the fact that sand quarry lease over Khasra Nos. 1292, 1293, 1318, 1319, 1400, 1406 and 1407 situated at village Dwar District Bhind was granted for a period of two year from the date of agreement i. e. 9. 6. 2004 for- an amount of Rs. 10. 50 Lakhs per year. And because of dispute it could not be operated over major portion of the lease period. The dispute arose regarding non-compliance of provisions contained under Rule 30 (1) (b) of the Rules of i996 and clause 3 of part V of the Rules of 1996 which respectively stipulates: "30. Conditions of quarry lease.- (l) Every quarry lease shall be subject to the following conditions:- (b) the lessee shall pay the dead rent or royalty in respect of each mineral whichever is higher in amount but not both. The lessee shall pay royalty in respect of quantities of mineral intended to be consumed or transported from the leased area, no sooner the amount of dead rent already paid equals the royalty on mineral consumed or transported by him. The dead rent or royalty-shall be deposited in the {revenue receipt head prescribed in sub-rule (3) of Rule 10. And "3. Rate and mode of payment of royalty.- Subject to the provision of clause 1 of this part, the lessee/lessees shall during the subsistence of this lease pay to the State Government as specified in Rule 30 (1) (b) royalty in respect of any mineral / minerals removed by him/them from the leased area at the rate for the time being specified in the Schedule III to the Rules. ( 6. ) IT is because of non-compliance of these provisions that the transit pass was not issued. Subsequently, the petitioner in W. P. No. 17768/2007, filed a writ petition No. 205/2006 which was disposed on 23. 1. 2006 with a direction to the competent Authority to decide the representation. The representation of the petitioner was decided on 24. 2. 2006 whereby, he was asked to deposit rs. 14,53,724/- and to collect Transit Pass. Thereafter the petitioner filed a petition on 2. 6. 2006, i. e. , about six days before the expiry of the term of Sand Quarry lease which was to expire on 8. 6. 2006, got a status quo order on 5. 6. 2006. 2. 2006 whereby, he was asked to deposit rs. 14,53,724/- and to collect Transit Pass. Thereafter the petitioner filed a petition on 2. 6. 2006, i. e. , about six days before the expiry of the term of Sand Quarry lease which was to expire on 8. 6. 2006, got a status quo order on 5. 6. 2006. It is on the basis of this order of status quo that, Collector, Bhind passed orders dated 25. 7. 2007 and 26. 7. 2007 issuing the transit pass. The Director. Geology and mining. by the order dated 31. 8. 2007 declined to stay the operation of these orders which is being challenged in W. P. No 16020/2007. ( 7. ) AT this juncture, pertinent it will be to note that by order dated 13. 2. 2008 passed by this Court in W. P. No. 16020/2007, Collector Bhind was directed not to issue any transit pass in favour of respondent No. 4 in respect of lease dated 9. 6. 2004 Khasranos. 1195,1289,1292,1318,1319,1400. 1406 and 1407 of village dwar, Tehsil and Director Bhind and the respondent No. 4 was directed not to operate quarry till further orders. ( 8. ) THE fact which now exists is that the Sand quarry lease of Dwar Sand area granted in favour of the petitioner in W. P. No. 17768/2007 expired on 8. 6. 2006 and no material is shown on record that any application for renewal of the sand quarry lease as contemplated under Rule 17 of the Rules of 1996 was preferred. ( 9. ) RULE 17 of the Rules of 1996 stipulates that "every application for the renewal of a quarry lease shall be made at least one year before the date of which the lease is due to expire". Thus, it was incumbent upon the petitioner to have applied for extension of lease one year prior to 8. 6,2006, the date of expiry. That being not so, no direction can be issued to the respondent authorities to renew the lease merely because the petitioner was not-issued the transit pass for a considerable period. The petitioner in W. P. No. 17768/2007 has to blame himself for the same because despite of the order dated 24. 2. 2006 passed in compliance to the direction in W. P. No. 205/2006, the petitioner did not deposit the amount of Rs. 14,53,724/ -. ( 10. The petitioner in W. P. No. 17768/2007 has to blame himself for the same because despite of the order dated 24. 2. 2006 passed in compliance to the direction in W. P. No. 205/2006, the petitioner did not deposit the amount of Rs. 14,53,724/ -. ( 10. ) THUS, the sand quarry lease of Dwar sand area having expired on 8. 6. 2006 it is beyond the powers of the Collector to issue transit passes. Therefore, the order dated 25. 5. 2007 and 25. 6. 2007 passed by Collector are not tenable in the eyes of law and are hereby quashed. Consequently, the impugned order dated 31. 8. 2007 is also quashed. The appeal preferred against these orders are rendered in fructuous. ( 11. ) IT will now be open for the competent authority to proceed a fresh for granting the sand quarry lease of Dwar Sand Area in accordance with the Rules. The respondent State is also at liberty to recover the due if any from the petitioner in W. P. No. 17768/2007 in accordance with law. ( 12. ) IN the result writ petition No. 17768/2007 is dismissed. Whereas w. P. No. 16020/2007 is disposed of in above terms. However, no costs. Petition disposed of.