SREE NARAYAN COMPANY Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ petition, the petitioner prays for the issue of a writ of mandamus directing the State of Orissa to grant in his favour a mining lease for iron and manganese ore over an area of 186. 454 hectares near village Dumirta in Khesra forest, Taluk Barbil, District Keonjhar, in compliance with the order of the Central government dated July 12/14, 1967 in exercise of their revisional powers under rule 55 of the Mineral Concession Rules, 1960, directing the State Government to grant the said mining lease in favour of the petitioner.

(2.) ON June 19/21, 1966 the petitioner applied for mining lease of 292. 274 hectares in respect of iron and manganese ore. By January, 1967 the petitioner is stated to have complied with all the requisitions made by the concerned authorities in connection with the aforesaid application for mining lease. On january 7, 1967 the petitioner wrote to the opposite parties that as seven months had passed since his application and that unless the application is disposed of within nine months from the date of its receipt, G-overnment must be deemed to have rejected the petition under Rule 24 (3) of the Mineral Concession Rules; yet the application for lease was not disposed of by the State Government. Thereafter on April 8, 1967 the petitioner made an application to the Central Government for revision against deemed refusal of the lease under Rule 54. On May 25, 1967 the central Government communicated that the State Government proposed to grant lease of the available area of 186. 454 hectares and the petitioner was called upon to send his acceptance within 15 days. Accordingly, on May 30, 1967 the petitioner duly accepted the proposal of the State Government for grant of lease over the said area.

(3.) ON July 12/14, 1967 the Central Government directed the State Government to grant a mining lease for iron and manganese ore over 186. 454 acres and allowed the revision application of the petitioner in exercise of the power under Rule 55 of the Mineral Concession Rules. On July 22, 1967 the petitioner forwarded a copy of the aforesaid order of the Central Government passed on his revision application, to the State Government for early action. Thereafter, the State Government not having complied with the directions of the Central Government the petitioner filed this writ petition on June 18, 1968 for issue of a writ of mandamus on the State government for compliance by it of the directions of the Central Government as aforesaid.