JUDGMENT

D.P. Mohapatra, J.-Leave granted.

2. The controversy raised in this case relates to grant of lease for quarrying coloured granite under the Tamil Nadu Minor Mineral Concession Rules, 1959 (for short the Rules ). The appellant M/s. TVL Sundaram Granites and the respondent No. 1 M/s. Imperial Granites Ltd. had submitted applications before the Government of Tamil Nadu for grant of lease in respect of portions of Survey No. 443 in Karandepalli Village, Denkani Kottai Taluq of District Dharampuri. The total area of Survey No. 443 is about 68 acres. While the appellant applied for 10 acres out of Survey No. 443, the application of the respondent No. 1 was for 4.05 hectares out of the same survey no. The portion overlapping in the two applications was to an extent of two acres. The State Government considered the application of the appellant under the provisions of the Rule 39 of the Rules and granted a lease in respect of an area of ten acres by G.O.Ms. No. (3D) 23 Industries (E.II) Deptt. dated 22.1.1996. By a separate order passed on the same day the application submitted by respondent No. 1 was returned by the State Government with a direction to rectify the defects pointed