JUDGMENT

A. K. GANGULY, C.J. : This writ petition has been filed by M/s. Kalinga Mining Corporation and the main prayer is to quash the approval to the grant of mining lease in favour of the legal heirs of late Dr. Sarojini Pradhan over an area of 171.226 hec¬tares in village Kalaparbat in the district of Keonjhar given by the Central Government for a period of 20 years under Section 5(1) of the Mines and Minerals (Development and Regulation) Act, 1957.

2. The learned counsel for the petitioner has raised a preliminary objection about maintainability of the mining lease application by the legal heir of Dr. Sarojini Pradhan and con¬tended that on the death of Dr. Pradhan, the application for mining lease filed by her abates and her legal representatives cannot maintain the same.

3. It appears that the impugned order of the Central Government was passed pursuant to the judgment of this Court dated 2.7.2001 in OJC No.11537 of 1999.

4. The relevant facts of the case are that the petitioner applied before the State Government for prospecting licence on 27.10.1953 and on that application the State Government on 15.9.1961 passed orders granting prospecting licence to the petitioner in res