PREM LATA GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE facts of this writ petition are that M/s Bikaner Clays and Chemicals, Bikaner respondent No 3 made an application on 8 -1 -1970 for mining lease for red ochre and fire clay in an area of 412 hectares near village Indokabala, District Bikaner. Since in the same land, one Shri A M Bengani had applied on 14 -8 -68 for mining lease for Fuller's earth in an area of 412 79 hectares, the Assistant Mining Fighter, Bikarer, by his letter dated 30.1.70 in formed the respondent No 3 that the area applied for by them conflicts with some sanctioned and applied for area and as such the fire area is only 342 -35 hectares He enclosed a report in 5 copies for signatures of the respondent No 3 and return within 3 days Ore more letter was issued by the Assistant Mining Engineer Bilarer on 19 - 11 -1970 saying that as a matter of fact, the free an a was only 252 52 acres Ir reply to this letter, the respondent No 3 wrote to the Astistant Marirg Frgireer Rlaner that they had accepted and desinged the descnption repected 242 35 hectares by their letter dated as early as 2 2 1970 and they were not prepared to educe the area to 252 52 arrest, that there was flict of some earlier application ding Some minor mineral by Bengani was rot admitted by them and the ertire area was clamed free for exploration of the major minerals. Thereafter it appears, the State Government did not pass any order and making out a case of deemed refusal under Rule 54 of the Mineral Concession Rules, 1960, respondent No 3 filed a invasion on 162 -1971 with the Central Government The Central Government by its order dated 24 -12 -1971 directed the State Government to dispose of the application of respondent No 3 dated 8 1 1970 for mining lease over 342 -35 hectares The State Govt thereupon, by its order dated 15 -1 -1972 granted to the respondent No 3 a miring lease over an area of 252 -52 hectares Later on, it was discovered that the area was to be mentored in acres and not in hectares The State Government therefore, issued a corrigendum on 11 -8 -1972 altering 252 52 hectare to 252.52 acres equal to 102 -26 hectares.

(2.) THE lease deed was also executed and signed by the respondent No. 3 but it remained to be signed on behalf of the State Government.

(3.) THE State Government on 6 -3 -1973 granted lease for minor mineral over an area of 311.9 hectares to Bengani. But since Bengani failed to execute the deed of lease, the grant in his favour was revoked on 5 -6 -1973 and the area sanctioned in his favour was declared free for fresh grant, while the revision of the respondent No. 3 was still pending decision before the Central Government.