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