- (1.) Heard rival submissions.
(2.) The State of Rajasthan, petitioner herein, seeks to quash the order dated April 11, 1990 of the Central Government passed in Revision Application No. 2/20/25/87-MV whereby the petitioner was directed to grant prospecting licence to respondent-company for the area reserved by the petitioner for exploration and exploitation of SMS limestone. Operative part of the impugned order reads as under : "Considering all facts and evidence on record and submissions made, we are inclined to hold that rejection of the P.L. application of the petitioner Company on the ground that the impugned area has been reserved for exploration and exploitation of SMS limestone by the State Government is bad and cannot be sustained. We, therefore, set aside the impugned order and remand the matter to the State Government with the direction to grant prospecting licence to petitioner Company for the impugned area. In case the total area held by the Company under P. L. becomes more than 25 sq. kms. State Government may seek appropriate relaxation as many be required from the Central Government."
(3.) Since the State Government is the owner of mines and minerals and not an authority subordinate to the Central Government, if it is directed to issue mining lease in favour of respondent-Company, it has locus standi to challenge that order under Article 226 of the Constitution of India. (Vide State of Orissa v. Union of India 1995 (1) UJ (SC) 701.;