RAJ REFRACTORIES (P) LTD. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent is directed against the judgment dated 31.7.2007 passed in W.P.(C) No. 565 of 2007 whereby the learned Single Judge dismissed the writ petition filed by the petitioner -appellant on various grounds including suppression of material fact.

(2.) IN the writ petition, the petitioner sought a direction upon the Respondents to pass appropriate order on the application filed by it on 6 th September, 2003 under Rule 9(1) of the Mineral Concessions Rules/1960 (hereinafter referred to as the Rules) for grant of prospecting licence for the purpose of mining iron ore over an area of 690 hectares in village Kodalibad/Saranda Reserve Forest in the district of Singhbhum. Further prayer was made for an order restraining the respondent -State Government as well as the Central Government from processing the application of any other parties for grant of mining lease over the said area until petitioners application for grant of prospecting licence/mining lease is considered and disposed of.

(3.) THE respondents - Mines Department, Government of Jharkhand filed counter affidavit stating, inter alia, that the area in question was brought on geological map after due investigation and survey of the said minerals by Geological Survey of India and Indian Bureau of Mines. The bulletins of the Geological Survey of India under Economic Geology No. 9 - - iron ore, iron and steel published by the order of the Government of India clearly mention the aforesaid facts. The iron ore deposits in Kodalibad Reserve Forest Area were identified and established with Chemical Analysis Report. Thereafter, the respondents decided to grant mining lease. The appellant -petitioner along with other applied for mining lease. After due consideration and comparison of the financial strength of the petitioner -Companies and their investment proposal, decision was taken to grant lease in favour of Electrosteel Castings Ltd. Respondents case is that the petitioner -appellant having taking part in the said lease process and being unsuccessful, filed writ petition seeking a direction upon the respondents to decide its application for prospecting licence.