STATE OF HARYANA Vs. SHISH PAL SINGH

JUDGEMENT

(1.) The State of Haryana is the appellant. It contends that the learned single Judge has erred in issuing a writ of mandamus for the implementation of the order of the Central Government dated 8/05/1986. In any case, the appellant maintains that the State Government has issued a notification dated 21/05/1991 u/S.17-A of the Mines and Mineral (Regulation and Development) Act, 1957 (hereinafter referred to as 'the Act') and in view thereof the claim of the respondent, Shishpal Singh, cannot be sustained.

(2.) A few facts necessary for the decision of the case may be noticed. The State Government granted a mining lease to one Mr. Som Parkash Sethi on 31/10/1984. Aggrieved by the order, Mr. Shishpal Singh, who was also an applicant, filed a revision petition before the Central Government. This revision petition was allowed by the Central Government vide orders dated May 8, 1986. A copy of the order passed u/S.30 of the Act is at Annexure P.1. In a refreshingly elaborate order the Central Government found that :-

(3.) This order was challenged by Shri Som Parkash Sethi in a writ petition before the Delhi High Court. This petition was dismissed on March 5, 1987. The Special Leave Petition filed by Shri Sethi against the order is stated to be still pending. Since Shri Shishpal Singh was not granted the lease in spite of the order of the Central Government, he filed Civil Writ Petition No.1528 of 1987 praying for the issue of a writ of mandamus directing the State of Haryana to implement the order of the Central Government. This writ petition was admitted. During the pendency of the writ petition, the State of Haryana proceeded to decide the matter afresh after the issue of a notice u/S.4-A of the Act. By its order of 26/02/1988, the State Government decided to reject the claim of respondent No.1 and to "reserve this area under Rule 58 of the Mineral Concession Rules, 1960 for the grant of mining lease of silicas and to Haryana Mineral Limited in view of the directions of Central Government as conveyed vide their letter No.3 (33)/84-MV (Ptd) dated 8-7-1985." The respondent - Writ Petitioner had amended the writ petition to challenge the said order. In the meantime, the State also issued notification dated 12/05/1988 in exercise of the powers under R. 58 of the Mineral Concession Rules, 1960. A copy of the Gazette Notification was placed on record before the learned single Judge. By orders dated 31/05/1988 (reported in AIR 1989 Punj and Har 112), the learned single Judge allowed the writ petition. The State of Haryana filed the present Letters Patent Appeal in August 1988. During the pendency of this appeal, the State of Haryana issued a notification dated 21/05/1991 u/S.17-A of the Act. This notification reads as under :-