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1976 Supreme(SC) 174

A.C.GUPTA, P.N.BHAGWATI, S.MURTAZA FAZAL ALI
Dharam Chand Jain – Appellant
Versus
State Of Bihar – Respondent


Advocates:
A.K.SEN GUPTA, B.D.KHANNA, Bishambar Lal Khanna, D.GOVERDHAN CHARY, H.K.PURI

JUDGMENT

FAZL ALI, J. :—This is an appeal by special leave against the order of the Central Government dated February 17, 1968, rejecting the revision application filed by the appellant before the Central Government under Rule 54 of the Mineral Concession Rules, 1960. This appeal reveals a wavering and vacillating attitude of the State Government 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 order of the State Government which shows a somewhat extra-ordinary and curious conduct of the State Government.

2. 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 tahsil Ramgarh and deposited the prescribed fees of Rs. 700/-. The State Government was unable to make up its mind and passed no order at all on the appl









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