BHAGAT RAJA OF BOMBAY Vs. UNION OF INDIA

JUDGEMENT

(1.) . In these two writs Bhagat Raja is the petitioner. His name is well known in legal circles. In this very case he went to the Supreme Court in 1966. The Supreme Court decision entitled Bhagat Raja v. Union of India, AIR 1967 SC 1606(1) opened up a new field in administrative law. It is a leading decision on what is known as a 'speaking order'. This time Bhagat Raja has chosen to come to this court. These two writ petitions are an aftermath of the Supreme Court decision in every of the term. This judgment wil govern both the cases.

(2.) . By a notification dated January 8, 1964, published in the State Gazette the Andhra Pradesh Government notified that an area aggregating Ac. 113.50 in village Brahmanapalli and Ac. 13.10 in village lppatta both in the district of Cudapah were available for regrant for mining asbestos. The State Government invited applications under r. 53 of the Mineral Concession Rules 1960 (the Rules) framed under the Mines and Minerals (Regulation and Development) Act 1957 (the Act). In response to that notification the petitioner Bhagat Raja submitted two applications in the prescribed form, that is, form '1' on March 3, 1964, A company M/s. Tiffin's Barytes, Asbestos & Paints Limited of Madras (I will call it Tiffins) also made applications on the same date. One other person N. K. Kanhaiya made an application for a prospecting licence, but that was rejected off-hand as in the presence of a mining licence a prospecting licence could not be granted to him. He is now out of the picture.

(3.) . As between Bhagat Raja and Tiffins the State Government preferred Tiffins. They passed the following order on October 19, 1964, in respect of the village Brahmanapalli :