STATE GOVERNMENT OF MYSORE Vs. UNION OF INDIA

JUDGEMENT

(1.) These two appeals viz. LPA 2611976 and LPA 11011975 arise out of the same judgment and will be decided by this common judgment.

(2.) This appeal (LPA 26] 1976) is directed against the order of the learned single Judge by which he issued a writ of mandamus directing appellant State of Karnataka and respondent No. 1. Union of India to reconsider the question of granting of mining lease over the area in question afresh in accordance with law. By the impugned order the learned single Judge allowed the writ petition filed by respondent No. 3, M/s. Ferro Alloys Corporation Ltd. against an order by which its application for the grant of mining licence had been rejected by the State of Kamataka and Union of India. and instead mining lease had been granted in favour of respondent No. 2, M/s. Bharat Parikh and Co.

(3.) Parliament has passed an Act to provide for the regulation of mines and the development of mineral under the control of the Union being "The Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter to be called the Act). Section 11 provides for preferential right of certain persona. Section 11(2) reads as under : -