Judgment

BEG, J. - The appellant before us applied on 14th October, 1961, for a prospecting licence for an area of 833.53 acres in the requisite form B, under Rule 9 (1) of the Mineral Concessions Rules, 1960, made under Section 13 of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as the Act). The application was filled in correctly. But, a sum of Rs. 24/- only, instead of Rs. 32/-, accompanied the application. It appears that the appellant realised the mistake in calculating later 985 and paid the deficit of Rs. 8/- on 28th December, 1961. By way of abundant caution, he made a fresh application also on 26th February, 1962. In the meantime, the respondent No. 1 had applied on 2nd November, 1961, for a prospecting licence for 748.16 acres out of which 272.40 acres were common with those for which the appellant had already applied. No orders were passed disposing of the application of the appellant within 90 days of the making of it. The appellant treated this omission to be tantamount to refusal of his application, as provided by Rule 24 (2), and preferred a revision application before the Central Government under Section 30 of the Act. On 20th