ORDER :

Abhay S. Oka, J.

Heard the learned Senior Counsel appearing for the petitioner and the learned Additional Government Advocate appearing for the respondents.

2. The main issue which arises for consideration is whether the application made by the petitioner for grant of prospecting licence on 16th June 2011 was rendered ineligible in view of sub-section(1) of Section 10-A of the Mines and Minerals(Development and Regulation) Act, 1957 (for short 'the said Act of 1957').

3. Few facts which are relevant need to be mentioned. As stated earlier, an application for grant of prospecting licence was made by the petitioner on 16th June 2011 in respect of an area of 2,400 acres, more particularly described in the petition in respect of lime stone. The application was in accordance with the provisions of Rule 9(1) of the Mineral Concession Rules, 1960 (for short, “the said Rules of 1960”). There were other applications made by other parties. There was overlapping of areas claimed by the petitioner and other applicants. The case made out in the petition is that on 9th January 2015, the Director of Mines and Geology vide his order (Annexure-H) allowed the application subject to obtaining r