JUDGMENT

SURINDER SINGH NIJJAR,J.

1. Leave granted in both the Special Leave Petitions.

2. By this common judgment, we propose to dispose of both the aforesaid appeals. The Appeal arising out of Special Leave Petition (C) No. 23141 of 2007 has been filed challenging the order dated 31st August, 2007 rejecting the preliminary issue raised by the appellant in OJC No.3662 of 2002. The Appeal arising out of Special Leave Petition (C) No. 5130 of 2009 has been filed challenging the final order dated 24th November, 2008 in OJC No. 3662 of 2002 upholding the order dated 27th September, 2001.

3. We may notice here briefly the facts as noticed by the High Court.

4. On 27th October, 1953, the appellant M/s. Kalinga Mining Corporation applied to the Government of Orissa for a prospecting licence. This was granted by the State Government on 15th September, 1961 in respect of an area of 480 acres in Kalaparbat Hill range of Keonjhar district subject to compliance of lease stipulations. The appellant applied for the grant of mining lease also for iron manganese ore over 420 acres in Kalaparbat Hill range of Keonjhar district. As the same was not considered by the State Government, the appellant filed a revision before the Central Government. The same was disposed of by the Central Government on 23rd July, 1962 by intimating the State Government that since the prospecting licence was not granted in favour of the appellant, the mining lease application could not be considered. The direction was issued to the State Government to consider the application of the appellant for mining lease which was dated 4th September, 1961 on merit by 1st January, 1964. Since no decision was taken by the State Government by stipulated date, the application of the appellant dated 4th January, 1961 was deemed to have been refused. By notification dated 20th July, 1965, the State Government of Orissa threw open an area of 438.5 acres in Kalaparbat Hill Range area, Keonjhar district for mining under Rule 58(1) of Mineral Concession Rules, 1960 for mining in respect of manganese and iron ore. On 10th September, 1965, six applicants including the appellant and respondent No.10 submitted their applications for grant of mining lease in respect of the aforesaid area. It appears that the mining lease applications of the appellant as well as the respondent No.10 were not disposed of by the State Government within the statutory period, therefore, both of them separately moved the Central Government in revision. By an order dated 7th April, 1967, the Central Government allowed the revision petitions of the appellant and respondent No.10 and directed the State Government to consider their mining lease applications. Still no decision was taken by the State Government, as a result of which the appellant moved another revision petition before the Central Government on 22nd July, 1967. The Central Government rejected the revision of the appellant by its order dated 13th October, 1967.

5. Being aggrieved, the appellant filed OJC No.855 of 1969 seeking a direction from the High Court for grant of mining lease in its favour. Respondent No.10 intervened in the aforesaid writ petition. By an order dated 21st June, 1971, the High Court dismissed the writ petition filed by the appellant.

6. Pursuant to the order of the Central Government dated 7th April, 1967, the State Government on 3rd September, 1971, for the first time, passed an order recommending the grant of mining lease in favour of respondent No.10 and sought the approval of the Central Government as required under Section 5(1) of the Mines and Minerals (Development and Regulation) Act, 1957. The Central Government by its order dated 18th January, 1972 refused to accord its approval in favour of respondent No.10. It appears that the State Government on 25th April, 1972 again requested the Central Government for grant of approval to its recommendation made in favour of respondent No.10 Dr. Sarojini Pradhan. However, by its letter date