OLPHERTS PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) ALL these three intra -Court appeals arise out of common judgment passed by the learned single Judge dated 14.03.2014 in Writ Petition Nos.4001/2010 and 891/2013 respectively.

(2.) WRIT Appeal No.425/2014 is filed by the writ -petitioner in W.P. No.4001/2010. The same party M/s Olpherts Pvt. Ltd., has also filed W.A. No.449/2014 against the decision in W.P. No.891/2013. Admittedly, the appellant was not made respondent in the latter writ petition. The third Writ Appeal No.497/2014 is filed by M/s Sukhdev Prasad Goenka challenging the reasons recorded by the learned single Judge in W.P. No.891/2013 and in particular, the operative order directing the Authority to reconsider all the applications filed for grant of mining lease at the relevant time.

(3.) HAVING considered the rival submissions, we hold that for the reasons recorded in dismissing the other writ appeal filed by M/s Sukhdev Prasad Goenka against the decision in W.P. No.4001/2010, the appeal No. 497/2014 preferred by said M/s Sukhdev Prasad cannot be taken forward. Inasmuch as, we have upheld the finding recorded by the learned single Judge that the said appellant was not entitled for consideration of his application having failed to produce No Dues Certificate along with the application and affidavit as required under Rule 22 of the Mineral Concession Rules, 1960 (hereinafter referred to as "the Rules"). As a necessary corollary, the other grounds urged by this appellant to question the operative order of the learned single Judge cannot be tested at his instance, but can be done only in the appeals filed by the appellant in companion appeals (by M/s Olpherts Pvt. Ltd.).