JAJATI MINERAL TRADERS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner applied to the State of Orissa for grant of a mining lease of graphite of about 300 acres of land within Bendar reserve forest. No. 2 in the district of Bolangir on 9-11-1972. As the application was not disposed of for over a period of 12 months from the date when it was made, a revision was carried to the Central Government under Rule 54 of the Mineral Concession Rules, 1960 (hereafter referred to as the 'Rules') against its deemed rejection as provided under Rule 24 (3) of the said Rules. On 5-6-1974, the Central Government allowed the revision and directed :-

(2.) The petitioner carried a revision against the order of rejection under Annexure 2 to the Central Government. By order dated 7-2-1978, the Central Government rejected the revision by saying:-"........ The Central Government vide order No. MV-1 (23)/74 dated 56- 1974, allowed the revision application by setting aside the deemed rejection and directing the State Government to pass appropriate orders on merits within a period of 4 months. 2. The State Government did not pass any orders within the period allowed by the aforesaid order of the Central Government, but by their order No. III (E) MG/38/77-5410/MG dated 26-5-1977, rejected the mining lease application of the petitioners. The present revision has been filed against this order.

(3.) The State Government had been directed to pass orders within a period of four months from 5-6-1974 as mentioned above. The impugned order of the State Government having been passed after the expiry of this period is, therefore, without jurisdiction.