SERAJUDDIN AND CO Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ petition the petitioner, Serajuddin & Co., a firm registered under the Indian Partnership Act. 1932, disputes the validity of an order dated September 22, 1967 passed by the Secretary, Department of Mining & Geology, Government of Orissa.

(2.) In order to appreciate the challenge and the true nature of the order impugned in this writ petition it would be necessary to recount in short the facts which led to the said order. On December 3. 1949 the respondent No, 1. State of Orissa, invited application from the petitioner for grant of a mining lease under the Mineral Concession Rules, 1949 (hereinafter referred to as the said Rules of 1949). Such Rules were framed by the Central Government in exercise of its powers under Section 5 of the Mines & Minerals (Regulation & Development) Act, 1948 (Act 53 of 1948) (hereinafter referred to as the Act of 1948). Both the Act and the Rules were subsequently replaced by new ones viz.. Mines & Minerals (Regulation & Development) Act, 1957 (67 of 1957) and the Mineral Concession Rules, 1960.

(3.) In response to the said application on December 6. 1949 the petitioner applied for grant of a mining lease in respect of 93 and odd acres of land in village Gurda, P.S. Chamakpur. District-Keonjhar in the State of Orissa. The area on final assessment is found to be 99 acres but nothing turns on the difference in the area. The application of the petitioner along with that of others was considered by respondent No. 1 and by an order dated May 16, 1955 the said respondent directed granting of the mining lease in respect of the said area in favour of the petitioner. This grant was made subject to the conditions which the State Government would propose to incorporate in the lease deed of which the petitioner would be apprised being accepted by him.