Judgment

Arijit Pasayat, J.—Appellants call in question legality of the judgment rendered by a Division Bench of the Orissa High Court dismissing their challenge to the decision of the State of Orissa in the Department of Steel and Mines, granting lease over an area of 6.90 acres in the villages Bada Dalma and Jangia in Mayurbhanj District in favour of respondent No.4 and consequentially rejecting appellant’s No.1 application dated 7th October, 2002.

2. Factual position in a nutshell is as follows:

Appellant No.1 applied for quarry lease to the Secretary, Government of Orissa Steel and Mines Department, in Form A of the Orissa Minor Mineral Concession Rules, 1990 (in short the ‘Rules’) for “decorative stone” for a period of 10 years. On 25.10.2002, the Managing Director of the appellant No.1-Company entered into an agreement with one R. Narayan Swami for purchase of land measuring 1.134 acres in village Ambagan in the District of Ganjam to set up a cutting and polishing unit for decorative stones. On 26.10.2002 the Mining Officer, Baripada Circle, Baripada issued Form B to appellant No.1 and confirmed the receipt of its quarry lease application dated 7.10.2002. On 2.12.2002 appellant