FOCUS ENERGY LTD Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) In this intra-court appeal preferred under section 2 of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 appellant has challenged the legality and. validity of the order dated 9-4-2010 passed by learned single Judge in Writ Petition No. 2388/2010 by which writ petition preferred by appellant has been dismissed.

(2.) Facts giving rise to filing of the instant appeal are that appellant, a public limited company, was granted prospecting licence over an area of 2461.754 hectares for a period of two years commencing from 23-12-1993 to 22-12-1995. Appellant carried out prospecting work and thereafter applied for grant of mining lease on 17-4-1995 over an area admeasuring 1103.273 hectares. However, application submitted by appellant was rejected by the State Government vide order dated 2-12-2006.

(3.) Thereafter on 2-3-2007 the State Government issued a notification throwing open the area for grant of mining lease. Aforesaid notification was published in the official gazette by which applications were invited for grant of mining lease. In response to aforesaid notification dated 2-3-2007 various applicants including respondent No. 4 submitted the applications. Appellant did not submit any application for grant of mining lease pursuant to aforesaid notification. The State Government vide order dated 16-9-2008 sanctioned an area admeasuring 2130 hectares for grant of mining lease in favour of respondent No. 4. The aforesaid order was challenged by appellant in Writ Petition No. 15268/2008. The writ petition preferred by appellant was disposed of vide order dated 7-1-2009 with a liberty to appellant to avail the remedy of Revision available under section 30 of the Mines and Mineral (Development and Regulation) Act, 1957 (hereinafter referred to as 'the Act') read with Rule 54 of the Mineral Concession Rules, 1960 (in short 'the Rules'). It was further observed in the said writ petition that in case appellant prefers revision, the revisional authority shall consider the same on merits.