( 1 ) BY this writ petition brought under Article 226 of the Constitution the petitioner a businessman from Baroda challenges the constitutional validity of sec 11 (4) of the Mines and Minerals (Regulation and Development) Act 1957 (hereinafter called the Act ) and the order of the State Government dated 29/08/1978 Annexure C whereby the State Government in exercise of powers conferred by sec. 10 of the Act sanctioned the grant of a mining lease for soap-stone for a period of twenty years in respect of the area situate in village Nathpuri Taluka Jambughoda District Panchmahals to respondent No. 3 Messrs Paushak Limited a Company incorporated under the Companies Act and having its registered office at Baroda. The facts giving rise to the petition briefly stated are as under:

( 2 ) THE petitioner made an application in the prescribed form on 1/10/1974 for a mining lease for soap-stone in respect of 303. 03 acres of Nathpuri and Bhildungra villages of District Panchmahals under Rule 22 of the Mineral Concession Rules (hereinafter called the Rules ) framed in exercise of powers conferred by sec. 13 of the Act. The respondent No. 3 also made a similar application in respe