Judgment

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. 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 comprising 5400 acres situated in the district of Keonjhar. 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 M/s. Tata Iron and Steel Company Limited (hereinafter referred to as Tatas), the intervener in the present appeal. The Government of Orissa decided to grant the lease in favour of Tatas and in January 1956 referred the matter in 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 it 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 contrary. The appellant made a representation to the Central Go