M. M. DAS, J.

( 1 ) THOUGH this writ petition was listed for admission as the parties have already exchanged their respective affidavits, with consent of both the parties, the matter was heard finally.

( 2 ) THE petitioner was granted a mining lease for a period of 20 years with effect from 7-12-1982 for mining Quartz and Feldspar from the lease area as per the provisions of the Mineral Concessions Rules, 1960 (hereinafter referred to as 'the Rules'the petitioner before one year of the expiry of the said lease, filed an application for renewal of the lease along with proof of payment of the renewal fees, in Form 'j' as prescribed under the Rules. It appears that by the order dated 1-2-2006 under Annexure-3, passed by the Under Secretary to Government, the renewal application of the petitioner has been rejected. Being aggrieved by the said order, the petitioner has approached this Court under Article 226 of the Constitution in the present writ petition.

( 3 ) A counter affidavit has been filed on behalf of opp. party No. 1 - State of Orissa.

( 4 ) MR. Sanjit Mohanty, learned senior counsel appearing on behalf of the petitioner drawing our attention to the provisions of rule 26 o