( 1 ) IN this writ petition the petitioner, Serajuddin and Co. , a firm registered under the Indian Partnership Act. 1932, disputes the validity of an order dated September 22, 1967 passed by the Secretary, Department of Mining and Geology, Government of Orissa.

( 2 ) IN order to appreciate the challenge and the true nature of the order impugned in this writ petition it would be necessary to recount in short the facts which led to the said order. On December 3. 1949 the respondent No, 1. State of Orissa, invited application from the petitioner for grant of a mining lease under the Mineral Concession Rules, 1949 (hereinafter referred to as the said Rules of 1949 ). Such Rules were framed by the Central Government in exercise of its powers under Section 5 of the Mines and Minerals (Regulation and Development) Act, 1948 (Act 53 of 1948) (hereinafter referred to as the Act of 1948 ). Both the Act and the Rules were subsequently replaced by new ones viz. . Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957) and the Mineral Concession Rules, 1960.

( 3 ) IN response to the said application on December 6. 1949 the petitioner applied for grant of a m