Rule 25-A of the Mineral Concession Rules, 1960, provides for the substitution of a legal representative in case of the death of the applicant for renewal of lease.

1. This appeal is directed against the judgment of the learned single Judge of this Court dated 19-11-98 dismissing the writ petition filed by Madhav sb late Sh. Ambadas and Smt. Prabhawati. By the writ petition Madhav had prayed that the order of the Central Government holding that the revision petition, which is pending had abated on the death of Ambadas deserves to be set aside and the State Government be directed to consider the application for renewal of mining lease. The background of the case is that a mining lease with regard to soapstone was granted in favour of Ambadas by the State Government for a period of 14-4-7 1 to 13-4-9 1, i.e., for 20 years. As per the rules the lessee was required to apply for renewal of lease within one year prior to the expiry of the period of lease. Ambadas made an application for renewal of lease on llth June, 1990. There is a provision of deemed refusal under the rules. Further, the deemed refusal was set aside by the Central Government vide order dated 19-4-91. By the said order of the Central Government the State Government was directed to decide the question of renewal of lease. However, the State Government rejected the application for renewal of lease on 3 1-3-92 on the ground of delay because as per the facts already noted the application for renewal of lease was filed by Ambadas not exactly before expiry of period of one year. It was delayed by about two months, Ambadas approached the Central Government again in view of the order of rejection of the prayer for renewal of lease by the State Government. The Central Government vide its order dated 9-4-92 clarified that the delay in filing the application for renewal of lease stood condoned when the Central Government set aside the deemed refusal and directed the State Government to decide the application for renewal on merits. In the meanwhile, Ambadas had also approached the Central Government on 5-4-92 by way of a revision filed against the order of the State Government rejecting his application for renewal of lease. The Central Government granted the stay order in favour of Ambadas on 1-5-92. Under it Ambadas continued his mining operations. Ambadas died on 22nd May, 1994. On 7-6-94 Madhav sb late Sh. Ambadas applied before the Central Government in the revision petition, which was pending before the Central Government, for substitution in place of Ambadas in view of death of Ambadas. The revision petition came up for hearing before the Central Government on 1-7-94. The Central Government took a view that the cause of action in favour of Ambadas for renewal of lease was a personal cause, which came to an end with his death and, therefore, the revision was dismissed as having abated. This order was challenged by Madhav by way of filing writ petition, which was decided by the learned single Judge by the impugned judgment. In the impugned judgment the learned single Judge has observed as under:

“In my opinion, the present petition filed by petitioner Madhav was not at all maintainable because the

revision application filed by late Shri Ambadas was dismissed by the respondent No. 1 on the ground,

that it stood abated on the death of late Ambadas. Instead of filing this petition straightway before this

Court, the petitioner Madhav son of Ambadas ought to have made an application before the respondent

No. 1 for setting aside the abatement with a request to bring him as legal representative of the deceased

Ambadas on record and obtain an appropriate order from the respondent No. 1. It is strange that the

petitioner Madhav claims to be legal heir, though his mother Smt. Prabhavati Devi widow of Ambadas

was very much there and in fact, she made an application for getting the lease transferred in her name,

which was earlier granted to her husband.”

In our view these observations are not called for as they are contrary to record. As a matter of fact. Madhav’s application for substitution was already pending before the Central Govern