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1976 Supreme(SC) 162

A.C.GUPTA, P.N.BHAGWATI, S.MURTAZA FAZAL ALI
Kays Concern – Appellant
Versus
Union Of India – Respondent


Advocates:
GIRISH CHANDRA, K.R.Magaraja, S.K.MEHTA, S.P.NAIR, SHAMBHU NATH JHA, Udaipratap Singh

JUDGMENT

P. N. BHAGWATI, J.:—This appeal can be disposed of on a very narrow point and we will, therefore, set out only so much of the facts giving rise to the appeal as bear on this point and omit what is unnecessary.

2. Since 23rd December, 1959 the appellants had a sub-lease from the Receiver in Suit No. 203 of 1905 for extracting phosphate from an area of 400 hectares situate in Singhbhum District in the State of Bihar. This sub-lease, according to the State of Bihar, came to an end from 1st September, 1964 and the appellants, therefore, made an application to the State of Bihar on 22nd/24th March, 1965 for a grant of fresh mining lease for extraction of apatite and phosphate from the same area under Rule 22 of the Mineral Concession Rules, 1960 made by the Central Government under Section 13 of the Mines and Minerals (Regulation and Development) Act, 1957. The State Government failed to dispose of the application within a period of nine months from the date of its receipt and hence under R. 24 (3) of the Mineral Concession Rules, 1960 the application was deemed to have been refused by the State Government. The appellants preferred a revision application to the Central Governmen















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