JUDGMENT

S.C. AGRAWAL, J.

(1) LEAVE granted.

(2) WE have heard the learned counsel for the parties.

(3) THIS appeal relates to grant of mining lease in respect of a minor mineral,viz. marble, under the provisions of the Rajasthan Minor Mineral Concession Rules, 1977 (hereinafter referred to as the 1977 Rules).

(4) THE facts, in brief, are as follows:

ONE Rajesh Vardia was granted a mining lease for marble in respect of an area covering 7500 sq mts near Village Tripuratu Sundari in Banswara District in the State of Rajasthan. The said lease was granted for a period of 15 years from 2/1/1976 but it was cancelled by Order dated 12/10/1979. One Babulal Modi submitted an application for grant of mining lease for an area of 10,000.00 sq mts on 16/12/1981. Babulal Modi was granted a lease in respect of 7570 sq mts including a part of the area covered by the mining lease granted to Rajesh Vardia, by Order dated 12/7/1982. Babulal Modi failed to execute a formal lease agreement in Form No. 8 within the period prescribed under the 1977 Rules and by virtue of Rule 19 of the 1977 Rules, the order for grant of mining lease stood revoked. Babulal Gupta, Respondent 5 herein, filed an application dated 20/10/1982 for grant of lease in respect of an area which was overlapping the area held by Rajesh Vardia and subsequently granted to Babulal Modi. The said application of Respondent 5 was rejected by the Mining Engineer, Udaipur, by Order dated 24/2/1983 on the ground that the area for which lease was sought was not available for grant. Respondent 5 filed another application for grant of mining lease for the same area on 19-1-1983. Ajit Singh, appellant herein, also filed an application on 20/1/1983 for grant of mining lease in respect of an area covering 22,500 sq mts. By Order dated 26/7/1983 the Mining Engineer, Udaipur granted mining lease in respect of an area covering 10,173 sq mts out of the area of 22,500 sq mts for which the appellant had submitted the application and in pursuance of the said order, the appellant obtained the mining lease on 10/8/1983 which was registered on 18/8/1983. The second application of Respondent 5 dated 19-1-1983 was rejected by the Mining Engineer, Udaipur, by Order dated 29/4/1983 on the ground that it was premature. Respondent 5 filed two appeals against the Orders dated 24/2/1983 and 29/4/1983 whereby the applications of Respondent 5 dated 20/10/1982 and 19-1-1983 were rejected. The said appeals were dismissed by the Additional Director, Mines, Udaipur by Order dated 12/8/1983. The appeal filed by Respondent 5 against the said order of the Additional Director, Mines, Udaipur was partly allowed by the State government of Rajasthan by Order dated 3/7/19844 whereby mining lease was granted in favour of the appellant and it was directed that the remaining area other than that granted to the appellant should be granted in favour of Respondent 5. Respondent 5 preferred a revision application against the Order of the State Government dated 3/7/1984 before the central Government under Section 30 of the Mines and Minerals (Regulation and Development) Act, 1957. The said revision application of Respondent 5 was allowed by the central Government by Order dated 12/3/19877. The central Government held that the grant of mining lease in favour of Babulal Modi stood revoked on 12/10/1982 when the period of three months for the execution of the lease deed lapsed and the first application dated 20/10/1982 submitted by Respondent 5 could not be rejected on the ground that the area was not available for grant. The central Government set aside the order granting the mining lease to the appellant as well as the Order dated 24/2/1983 passed by the Mining Engineer, Udaipur, and the Order dated 12/8/1983 passed by the Additional Director, Mines and Order dated 3/7/1982 passed by the State Government and remanded the matter to the State Government for passing appropriate order on the a