March 16.
M. Patnaik, S. N. Andley, Rameshwar Nath and P. L. Vohra, for the Intervener.
The Judgment of the Court was delivered by WANCHOO, J. This is an appeal by special leave against the judgment of the Orissa High Court.
The brief facts necessary for present purposes are these.
Appeal by special leave from the judgment and order dated August 23, 1960, of the Orissa High Court in O.J.C. No.
The appellant made an application to the State Government of Orissa in 1949 for grant of a mining lease for manganese ore over an area companyprising 5400 acres situated in the district of Keonjhar.
Thereafter the State Government rejected the application of the appellant in December 1957 on the ground that the State Government proposed to arrange for the exploitation of the area in the public sector.
This was followed by an application for review to the Central Government under r. 57 of the Rules.
Thereupon the appellant filed a petition under Art.
He then asked for special leave from this Court, which was granted and that how the matter has companye up before us.
The appellant made a representation to the Central Government against the recommendation of the State Government.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It also directed that the applications received prior to the application of Tatas should be companysidered according to the Rules but added that in case the Government of Orissa desired to work the area on a departmental basis, the Central Government would have numberobjection to companysider a proposal for that purpose.
The appellant was the first applicant for the lease of the aforesaid area, and subsequently other persons applied for lease of the same area including Messrs. Tata from and Steel Company Limited hereinafter referred to as Tatas , the intervener in the present appeal.
226 as the final order in the case was passed by the Central Government which was located beyond the territorial jurisdiction of the High Court.
The Government of Orissa decided to grant the in favour of Tattas and in January 1956 referred the matter to the Central Government for its approval under r. 32 of the Mineral Concession Rules, 1949 hereinafter referred to as the Rules , which lays down that if more than one application regarding the same, land is received, preference shall be given to the application received first, unless the State Government, for any special reason, and with the prior approval of the Central Government decides to the companytrary.
The appellant then applied to the High Court for a certificate to appeal to this Court, which was rejected.
Eventually, on April 9, 1957, the Central Government turned down the recommendation of the State Government about the grant of the mining lease to Tatas.
This application was rejected by the Central Government in June 1969.
407/61.
226 of the Constitution in the High Court in July 1959.
O. Chatterjee and P. K. Chatterjee, for the appellant, K. Daphtary, Solicitor General of India, B. R. L. Iyengar and P. D. Menon, for the respondents.
103 of 1959.
