9911796707
TMI Blog1976 (4) TMI 212X X X X Extracts X X X X X X X X Extracts X X X X ..... of Bihar taking inconsistent stands in refusing to implement a quasi-judicial order passed by the Central Government in favour of the appellant on one pretext or another spreading over several years. This has naturally resulted in a substantial miscarriage of justice to the appellant who was compelled to toss like a shuttle-cock from State Government to Central Government by filing revisions after revisions against the orders of the State Government which shows a somewhat extraordinary and curious conduct of the State Government. The facts of the case lie within a very narrow compass. The appellant applied on September 12, 1958, for grant of a mining licence in an area of 66.77 acres in tehsil Ramgarh and deposited the prescribed fees o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. The appellant informed the Central Government that the injunction orders relating to Ramgarh litigation had since been vacated and the State Government may be directed to dispose of the application filed by the appellant for grant of the mining lease. It appears that by a subsequent correspondence the State Government informed the Central Government that final orders on the application of the appellant could only be made if he decided to select one compact block for the mining lease. On receiving this comment, the Central Government allowed the revision application again and directed the State Government to grant the mining lease to the appellant in respect of a compact block to be selected by him. This order was passed on November 21, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication had been made to the State Government by the appellant, the form of the order of the Central Government was to give a clear direction to the State Government to grant the formal lease. The order of the Central Government dated November 21, 1964, therefore, left no discretion to the State Government to refuse to grant the mining lease to the appellant. It seems to us that the State Government does not appear to have appreciated the real content of the order of the Central Government and was labouring under a misconception that in spite of a clear direction given by the superior Tribunal, namely, the Central Government, it was still open to the State Government to reject the application. It appears that the State Government, aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le suit in the Court of Hazaribagh, the State Government was not willing to grant the licence to the appellant and involve itself into an endless litigation. This comment appears to have found favour with the Central Government which rejected the revision application of the appellant by the impugned order dated February 17, 1968 against which the present appeal by special leave has been preferred before us. The facts mentioned above are proved from the various annexures filed by the appellant along with the special leave and printed in the Paper Book and consist of various orders passed by the Central and State Governments, the correspondence between the State Government and the Central Government, the note-sheets and summary of facts ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication of the appellant on the ground that the land was the subject-matter of a litigation. This led to the last revision filed by the appellant before the Central Government. The Central Government, after calling for the comments of the State Government, appears to have upheld the order of the State Government rejecting the application. In doing so, the Central Government overlooked the fact that it had already directed by its order dated November 21, 1964 that the State Government should grant the mining lease to the appellant in respect of a compact block selected by the appellant. The State Government, being a subordinate authority in the matter of grant of mining lease, was obligated under the law to carry out the orders of the Cent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed the State Government to grant the application of the appellant. Instead of doing this, the Central Government again appears to have entered into the merits of the question as if its earlier order was not in existence at all and sustained the rejection of the application of the appellant on the ground that the area in question was the subject-matter of the title suit in the Court of Hazaribagh, even though the appellant had pointed out to the Central Government that the injunction issued by the Court regarding the premises in dispute had been vacated. Even assuming for the sake of argument that the Central Government could revise its earlier order, and putting the case of the Central Government at its highest, this could be done on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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