- (1.) These two appeals, by special leave, are limited to the question as to whether in dismissing a revision and con firming the order of the State of Andhra Pradesh. the Unions of India was bound to make a speaking order. The text of the order is the same in both the cases, the only difference being in the situs and the area in respect of which the lease was applied for. One of the orders runs as follows: New Delhi the 22nd June, 1966 * * * * * I am directed to refer to your revision application dated 14-12-1964 and letter dated 28-1-1966 on the above subject and to say that after careful consideration of the grounds stated therein, the Central Government have come to the conclusion that there is no valid ground for interfering with the decision of the Government of Andhra Pradesh rejecting your application for grant of mining lease for asbestos over an area of Ac. 113.50 in Brahmanapalli village, Cuddapah District, Andhra Pradesh. Your application for revision is, therefore, rejected.
(2.) The facts leading to the two appeals are as follows: - In response to a notification dated January 8, 1964 published in the State Gazette by the Andhra Pradesh government inviting applications under R 58 of the rules framed under the Mines and Minerals (Regulation and Development) Act. 1957 (hereinafter referred to as the Rules and the Act) the appellant submitted two applications in the prescribed form viz., form "I" for areas aggregating The, Ac. 113 . 50 in village Brahmanapall and Ac. 13. l0 in village Ippatta both . in the district of Cuddapah for mining asbestos. Respondent No. 3 also made similar applications on the same date. According, to the appellant his applications complied with all the requirements of form "I" while those of respondent No.3 were defective in some respects. Besides the appellant and the respondent NO. 3, there was only one other person who applied for a prospecting licence which was rejected 'off hand. As between the appellant and the respondent No. 3, the Government of Andhra Pradesh preferred the latter. The relevant portion of the order dated 19th October 1964 in respect of the village Brahmanapa1li under S. 10 (3) of the Act was as follows: "As between the other applicants Sri Bhagat Raja and M/s. Tiffin's Barytes, Abestos and Paints Ltd.. the Government prefer for M/s. Tiffin's Barytes, as they are having adequate general experience and technical Knowledge, and are old lessees in the district, without any arrears of mineral dues to the Government. The mining lease application of Sri Bhagat Raja for the areas covered by the mining lease application of M/s. Tiffin's Barytes, Asbestos and Paints Ltd. is rejected." The text of the order with regard to village Ippatta is practically the same.
(3.) The appellant filed application in revision in the prescribed form i. e. form 'N. under S.30 of the Act read with R. 54 to the Union of India on December 14 1964. The appellant tried to bring out in his revision application that the financial condition of the 3rd respondent was extremely precarious as would be evidenced by the documents, copies whereof were annexed to his petition. The 3rd respondent filed a counter statement to the revision application. in April 1965 In March 1966 the appellant received the comments of the Andhra Pradesh Government on his revision applications The appellant filed rejoinder to the counter statements of the 3rd respondent in May 1965 and to the comments of the Andhra Pradesh Government in April 1966. He also asked for the grant -of a personal hearing before the decision of the case which was not given. Ultimately his applications were rejected by Orders quoted hereinabove.;