DHARAM CHAND JAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal by special leave against the order of the Central Government dated February 17, 1968, rejecting the revision application filed by the appellant before the Central Government under Rule 54 of the Mineral Concession Rules, 1960. This appeal reveals a wavering and vacillating attitude of the State Government of Bihar taking inconsistent stands in refusing to implement a quasi-judicial order passed by the Central Government in favour of the appellant on one pretext or another spreading over several years. This has naturally resulted in a substantial miscarriage of justice to the appellant who was compelled to toss like a shuttle-cock from State Government to Central Government by filing revisions after revisions against the order of the State Government which shows a somewhat extra-ordinary and curious conduct of the State Government.

(2.) The facts of the case lie within a very narrow compass. The appellant applied on September 12. 1958, for grant of a mining licence in an area of 66.77 acres in tahsil Ramgarh and deposited the prescribed fees of Rs. 700/-. The State Government was unable to make up its mind and passed no order at all on the application filed by the appellant. The appellant thereupon filed a revision application before the Central Government on the basis that his application was deemed to have been rejected by the State Government as it was not disposed of during the statutory period. This revision was filed on June 22, 1961 and gives a detailed history of the case of the appellant. The Central Government in its revisional capacity passed an order dated March 24, 1962 directing the State Government to dispose of the application of the appellant on or before September 30, 1962. In spite of this direction, the State Government failed to pass any order on the application of the appellant. Failing to get any redress from the State Government in spite of the direction of the Central Government, the appellant was compelled to prefer a second revision application before the Central Government on October 15, 1963. Thereafter the Central Government invited the comments of the State Government on the second revision application. The State government, however, appears to have taken the stand that as the area in question was the subject-matter of a litigation the State Government was legally advised to defer grant of a mining licence particularly in view of certain injunction orders passed by the Alipore Civil Court and the Calcutta High Court. These comments were forwarded to the appellant for his explanation. The appellant informed the Central Government that the injunction orders relating to Ramgarh litigation had since been vacated and the State Government may be directed to dispose of the application filed by the appellant for a grant of the mining lease. It appears that by a subsequent correspondence the State Government informed the Central Government that final orders on the application of the appellant could only be made if he decided to select one compact block for the mining lease. On receiving this comment, the Central Government allowed the revision application again and directed the State Govt. to grant the mining lease to the appellant in respect of a compact block to be selected by him. This order was passed on November 21, 1964. We might mention here that under Rule 54 of the Mineral Concession Rules, 1960, the Central Government acts as a revisional tribunal against any order passed by the State Government and has obviously, therefore, the same powers as the State Government. This matter is no longer res integra and is settled by an authority of this Court in State of Assam v. Om Prakash Mehta, (1973) 1 SCC 584 where this Court observed as follows:

(3.) It appears that the State Government, after receiving the order of the Central Government, refused to implement it on the ground that the State Government had formulated a policy that the area in dispute should be conserved for building cement factories and licences should be given only to those applicants who are prepared to set up a cement factory. The State Government rejected the application of the appellant on December 17, 1966, as the appellant had not indicated anywhere in the application that he was prepared to set up a cement plant. In fact the appellant on coming to know of the stand taken by the Government did file an application before the Central Government on January 27, 1967 that he could put up a cement plant if it was economical to do so. The appellant consequently filed a third revision application before the Central Government against the order of the State Government dated December 17, 1966 rejecting the application of the appellant for grant of mining lease. This application was filed on January 27, 1967 and in his comments the appellant pointed out that by the time the Central Government was seized of the matter the policy of the State Government of Bihar, due to the change in the Ministry, had changed and that it may be asked to re-examine the matter. The Central Government accordingly invited further comments of the State Government in the matter and this time the State Government again took the stand that as the area in dispute which was comprised in Tauzi No. 28 was the subject-matter of title suit in the Court of Hazaribagh, the State Government was not willing to grant the licence to the appellant and involve itself into an endless litigation. This comment appears to have found favour with the Central Government which rejected the revision application of the appellant by the impugned order dated February 17, 1968 against which the present appeal by special leave has been preferred before us.