RAGHUBAR DAYAL - (1.) THIS appeal, by special leave, is against the order of the High Court of Judicature at Nagpur, dismissing the petition of the appellant under Art. 226 of the Constitution.
(2.) ON 9/08/1950, the appellant applied to the State Government, Madhya Pradesh for the grant of a prospecting licence for manganese ore over an area of 83.18 acres, comprising khasra No. 1 of mouza Seoni Bhondki. The State Government granted the prospecting licence for this area on 18/06/1951, and intimated that the prospecting licence form which was pending approval by the Union Government, would be executed in due course. On 21/04/1951, respondent No. 3 applied for the grant of mining lease over 32 acres out of the aforesaid area of 83.18 acres. On 20/10/1951, the State Government informed him that that area had been already granted to the appellant under prospecting licence, and it was not available to him. On 26/11/1951, respondent No. 3 applied for review to the Union Government under Rule 57 of the Mineral Concession Rules, 1949.
(3.) ON 5/09/1952, the Union Government wrote to the State Government that its order regarding the grant of prospecting licence to the appellant over an area of 83.18 acres should be modified to the extent that the area granted under the prospecting licence be restricted to the virgin area of 51.18 acres, as the area of 32 acres had been previously held under a mining lease by Messrs. Akbar Ali Munwar Ali and had not by then been thrown open for re-grant. It was further directed by the Union Government, that that area of 32 acres be thrown open for re-grant. In consequence of this direction by the Union Government, the State Government modified its order dated 18/06/1951, granting the prospecting licence to the appellant and restricted that licence to the virgin area of 51.18 acres only. Thereafter, some time in April 1953, applications were invited for the grant of mining lease with respect to the area of 32 acres. The appellant submitted an application for the grant of the mining lease for 83.18 acres. The respondent No. 3 did not file any fresh application. On 30/04/1954, the State Government granted a mining lease for manganese ore over an area of 51.18 acres and did not grant the lease for the area of 32 acres, stating in its letter to the Deputy Commissioner that that area had been granted to respondent No. 3 under mining lease, as directed by the Union Government, under Rule 57 of the Mineral Concession Rules.;