Sharma, J. - (1.) Notice for final disposal of the case was served on the respondents. Heard the learned counsel for the parties. Special leave is granted.
(2.) This case is dependent on the correct meaning and scope of Rule 59 of the Mineral Concession Rules, 1960 (hereinafter referred to as the Rules). A certain area in village Bazargaon, District Nagpur was reserved for Nistar purposes (that is, for grazing of cattle etc.). The respondent No. 4 applied for grant of a mining lease in regard to the said area which was allowed. The appellant, who is a local resident, challenged the allotment on the ground that the procedure for settlement as laid down in Rule 59 read with Rule 58 was not followed before the grant.
(3.) Rule 58 deals with availability of areas for regrant of a mining lease and requires an entry to that effect to be made in a register referred to in R. 21(2) of the Rules, and a notification to be published in the official gazette at least 30 days in advance. The purpose obviously is to enable the members of general public to apply for the proposed lease. Rule 59 directs the procedure in Rule 58 to be followed in the cases mentioned thereunder in the following terms:- "55. Availability of certain areas for grant to be notified. -In the case of any land which is otherwise available for the grant of a prospecting licence or a mining lease but in respect of which the State Government has refused to grant a prospecting licence or a mining lease on the ground that the land should be reserved for any purpose, the State Government shall, as soon as such land becomes again available for the grant of a prospecting licence or mining lease, grant the licence or lease after following the procedure laid down in rule 58." The appellant contends that as the prescribed procedure has not been followed, the grant in favour of the respondent No. 4 is illegal and fit to be set aside.;