Late Dr. Sarojini Pradhan companymitted breach of terms and companyditions of the mining lease in her favour companysequent whereupon the State Government determined her lease and called for fresh applications vide a numberification dated 3rd December, 1977.
On 4th December, 1979, the State Government passed an order granting the mining lease in favour of the appellant.
During the pendency of the writ petition, on 10th September, 1987, Dr. Sarojini Pradhan expired.
2003 Supp 3 SCR 522 The following Order of the Court was delivered Late Dr. Sarojini Pradhan, whose heirs are impleaded as respondent Nos.
But the Revision was dismissed by the Central Government on 29th May, 1982.
Pursuant to the numberification dated 3rd December, 1977, nine applications came to be submitted for the grant of mining lease in terms of sub Sections 2 and 3 of Section 11 of the Mines and Minerals Regulation and Development Act, 1957.
Late Dr. Sarojini Pradhan preferred a Revision to the Central Government against the grant in favour of the appellant.
The writ petition filed by late Dr. Sarojini Pradhan and prosecuted by the private respondents was allowed, the grant in favour of the appellant was set aside and the State Government was directed to companysider the applications afresh.
Some time in the year 1982, Dr. Sarojini Pradhan filed a writ petition in the High Court of Orissa laying challenge to the rejection of her application and to the grant in favour of the appellant.
The matter was finally heard on 15th December, 1992 and disposed of by the High Court by its decision dated 23rd February, 1993.
The appellant before us and late Dr. Sarojini Pradhan were also amongst the applicants.
Feeling aggrieved by the judgment of the High Court, the appellant has filed this appeal by special leave.
On 11th January, 1980, the mining lease was executed and the formal grant order in favour of the appellant was issued by the State Government on 16th January, 1980.
Her legal representatives, the private respondents, prayed for substitution which prayer was allowed by the High Court, leaving it open for companysideration at the time of final decision whether any right to sue survived to the private respondents or number.
3 to 8 herein companylectively called hereafter as private respondents, for the sake of companyvenience was holding a mining lease over an area of 163.4723 hectares in village Banarai for extraction of lime stone and dolomite.
The terms and companyditions proposed by the State Government were accepted by the appellant on 3rd January, 1980.
Having scrutinised all the applications, the Director of Mines, on 31st January, 1979, recommended the mining lease being granted in favour of the appellant.
The termination of the mining lease held by late Dr. Sarojini Pradhan is number only a matter of past history inasmuch as that termination has achieved a finality and is number in dispute in the present proceedings.
