DHARAM CHAND JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The State Government by a Notification dated 5th March, 1974 dereserved an area of 749.32 hectares as also another area of 142 hectares within the Tomka-Daitari area and following such dereservation the petitioner made two separate applications under the Mineral Concession Rules of 1960 (hereinafter referred to as the 'Rules') for grant of mining leases in his favour for the entire dereserved area on 16-4-74. When the State Government failed to pass any order within the statutory period contemplated under Rule 24 of the Rules, the petitioner filed revisions against such deemed rejection under Rule 54. On 299-75 the revision applications were allowed in the following terms:-

(2.) The State Government has filed a counter-affidavit supporting the order of rejection and the petitioner has thereafter filed a rejoinder.

(3.) Three questions actually arise for determination in these cases, namely:-