STATE OF ORISSA Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is filed at the instance of the State of orissa against an order of a division bench of the High court of orissa holding that awrit application filed by the State of orissa under Article 226 of the Constitution of India seeking to challenge the decision of the central government dated 10/5/1978 in Revision Application No. 2/299/77-MV, was not maintainable, The facts giving rise to this appeal are as follows:

(3.) The State of orissa is the owner of mines and minerals within its territorial jurisdiction. The grant by the State of mining leases and licences is regulated by the provisions of the Mines and Minerals (Regulation and Development) Act, 1957 and the Mineral Concession Rules, 1960. The State of orissa had granted a mining lease for manganese ore over an area of 830 acres in Village Balda under Champua Sub-Division of Keonjhar District in the State of orissa to one M/s Serajuddin and Co. for a term of 20 years effective from 3/12/1957. Subsequently on 2/6/1962 a coterminous mining lease for iron ore over the above area was also executed in favour of M/s Serajuddin and Co. Both these leases were to expire on 3/12/1977, which was the date on which the primary lease was to expire. Before the expiry of the lease period, M/s Serajuddin and Co. surrendered their lease in respect of manganese ore. This was accepted by the State government on 26-11-1974, M/s Serajuddin and Co. however, filed an application on 25/11/1976 for a grant of renewal of the iron ore lease for a period of 30 years in respect of the said area. This renewal application was rejected by the State government on 5/7/1979, since the central government, in their order dated 25/5/1979, had refused to accord approval for this renewal. In the meantime, in view of the surrender of the said lease in respect of manganese ore by M/s Serajuddin and Co. the State government issued a notification dated 15/11/1975 for re-grant of the said mining area admeasuring 60. 70 hectares in the said Village Balda in the Champua Sub-Division of Keonjhar District in the State of orissa.