Judgment

WANCHOO, J. : This appeal upon a certificate granted by the Punjab High Court raises the question whether an order of the Central Government under R. 54 of the Mineral Concession Rules, 1949, (hereinafter called the Rules) framed under S. 6 of the Mines and Minerals (Regulation and Development) Act, No. 53 of 1948, (hereinafter called the Act) is quasi judicial or administrative. The brief facts necessary for this purpose are these. The appellant was granted a mining lease by the then Ruler of Gangapur State on 30-12-1947, shortly before the merger of that State with the State of Orissa on 1-1-1948. This leave was annulled on 29-6-1949. Thereafter the appellant was granted certificates of approval in respect of prospecting licences and mining leases. Eventually, the appellant applied on 19-12-1949, for mining leases for manganese in respect of five areas in the district of Sundergarh (Orissa). He was asked on 4-7-1950, to submit a separate application for each area which he did on July 27, 1950. Some defects were pointed out in these applications and therefore the appellant submitted fresh applications on 6-9-1950, after removing the defects. In the meantime, the third resp