( 1 ) THE following question has been referred for the opinion of the Full Bench : 'can a writ of this High Court under Article 226 of the Constitution be issued to bind the Central Government in a case in which' under the mineral Concession Rules, 1949 the Central Government has declined to review an order passed by the State Government?'

( 2 ) THE reference came to be made under the following circumstances. The appellant Seth Surajmal applied for a mining lease in respect of 20. 45 acres in village Botejhari, tahsil Waraseoni, district Balaghat. The application of Seth surajmal was dismissed by the State Government and the State Government's decision was communicated to Seth Surajmal by the Deputy Commissioner, balaghat, in memorandum No. 1381-7438-7-kh dated 27-12-1954 under endorsement No. K. Kh. Li. dated 19th January 1955. I reproduce the memorandum here: 20. 45 acres. area 'the State thrown open vide Government has notification in C. P rejected the gazette part 3, application of Srimati page 8, dated 7-1lajwanti jeewar and 55. Application to Surajmal Vaidhya be received on and for a mining lease in from 21-2-55. Shri respect of an area of surajmal Vaidh