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 October, 1964, the Central Government asked the State Government to consider the application of the appellant dated 14th October, 1961 within the next nine months. On 13th January, 1965, the State Government offered the appellant a prospecting licence for an area of 363 acres. On 12th February 1965, the appellant moved the Central Government for revision of the order making the offer. On 19th March, 1965, the Central Government informed the appellant that his application was premature since neither nine months had elapsed nor final orders had been passed by the State Government. On 9th May, 1965 the Central Government actually rejected the revision application of the appellant presumably for reasons found in the abovementioned communication. On 22nd June, 1965, the State Government directed the grant of a prospecting licence to respondent No. 1 for an area including 272 acres in dispute. On 7th July, 1965, the State Government again offered the appellant the grant of a licence for 365 acres. On 2nd January, 1967, the High Court dismissed the Writ Petition of the appellant filed against the above-mentioned order of the Central Government dated 9th May, 1965, rejecting his revision application. On 2nd April, 1970, the State Government again offered the appellant a prospecting licence for an area of 365 acres. On 30th April, 1970 a prospecting licence was actually executed in favour of respondent No. 1 for an area which included the disputed 272 acres. The appellants objections before the Collector were rejected. On 27th May 1970 the appellant again filed a revision application before the Central Government against the offer dated 2nd April, 1970, for the third time, by the State Government of the smaller area of 365 acres. On 23rd November 1970, the respondent No. 1, actually applied for a mining lease, but, on 12th April, 1972, the Central Government accepted the appellants objection relating to 272 acres. Hence, the respondent No. 1 went to the High Court under Article 226 of the Constitution. The High Court quashed the order of the Central Government by its order dated 12th March, 1974*, on the ground that the original application of the appellant, dated 14th October, 1961, not having been accompanied by the correct fee, was no application at all in the eye of law. Hence, on the view taken by the High Court, the appellant, not having complied with mandatory provisions, had not filed any application which could be accepted by the State Government. The High Court took the view that the Central Governments order dated 12th April, 1973, suffers from a patent error. The appellant having obtained special leave to appeal, the case is now before us.

* AIR 1975 Orissa 110

2. It has to be remembered that the special jurisdiction of the High Court under Article