RAGHUBAR DAYAL, J.

(1) THIS appeal, by special leave, is against the order of the High court of Judicature at Nagpur, dismissing the petition of the appellant under Art. 226 of the Constitution.

(2) ON 9/08/1950, the appellant applied to the State government, Madhya Pradesh, for the grant of a prospecting licence for manganese ore over an area of 83-1 8 acres, comprising khasra No. 1 of mouza Seoni Bhondki. The State government granted the prospecting licence for this area on 18/06/1951 and intimated that the prospecting licence form which was pending approval by the Union government, would be executed in due course.

(3) ON 21/04/1951, respondent No. 3 applied for the grant of mining lease over 32 acres out of the aforesaid area of 83- 18 acres. On 20/10/1951, the State government informed him that area bad been already granted to the appellant under prospecting licence, and it was not available to him.

(4) ON 26/11/1951, respondent No. 3 applied for review to the Union government under r. 57 of the Mineral Concession Rules, 1949.

(5) ON 5/09/1952, the Union government wrote to the State Government that its order regarding the grant of prospecting