JUDGMENT :

L. Rath, J. - This petition under Article 226 of the Constitution of India seeks to quash the orders passed by the State of Orissa in Mining and Geology Department on 22-7-1976 refusing the application of the Petitioner for grant of mining lease of 54.58 hectares under Rule 60 of the Mineral Concession Rules, 1960, for brevity referred hereafter as the Rules, and the order of the Central Government rejecting the revision application of the Petitioner preferred as against the orders of the State Government.

2. The Petitioner's case is that it is a Public Limited Company which has set up a Ferro Manganese Plant manufacturing Ferro Manganese, at Shreeramnagar, District Srikakulam. Andhra Pradesh and for production of Ferro Manganese, manganese are being an essential raw material it made an application to the State of Orissa for grant of mining lease of the area in question which was previously held under lease of the area in question which was previously held under lease by M/s. M.A. Tullock & Co. Private Ltd. The application of the Petitioner was rejected by the State Government on 22-7-1976 on the ground that the same was premature as the area overlaps the previous leasehol