( 1 ) THIS is a petition under Article 226 of the Constitution to call up and quash by certiorari the following:

(i) An order dated 4th January, 1962, communicated by the Collector of raipur whereby the State Government decided to grant to Chokhamal (respondent 3) a lease for quarrying earth and sand from Kh. Nos. 6/4, 9/1, 9/2, 11 and 376/2 of village Sarona [originally kh. No. 6/1 was, by mistake, mentioned for kh. No. 9/1, but it was subsequently corrected]. (ii) An order dated 11th January, 1963 by which the State Government declined to review its earlier order.

( 2 ) THE facts giving rise to this petition may be shortly stated. Chokhamal (respondent 3) applied for the grant of lease of the five plots mentioned in the opening paragraph for extracting therefrom earth and sand. Out of these plots, he had purchased, by a sale-deed dated 8th June, 1961, kh. Nos. 9/2, 11 and 376/2. The remaining two plots, kh. Nos. 6/4 and 9/1, were owned by Ishwarlal and govindram. In due course, the State Government passed the impugned order dated 4th January, 1962 by which it decided to grant the lease asked for by the respondent 3. Also, the Collector executed in favour of the respondent 3 the lease deed dated 21st January 1962. Thereupon, the respondent 3 applied for the issuance of work order. Sugnichand, who had purchased kh. Nos. 6/4 and 9/1 from Ishwarlal and Govindram By two sale-deeds dated 31st January, 1962 and 1st February, 1962, opposed the application and prayed that those two plots may not be leased to the respondent

( 3 ) PERMISSION to commence work on kh, Nos. 9/2, 11 and 376/2 was, however, granted. Thereupon, the respondent 3 made an application for taking action under sub-sections (3) and (4) of Section 247 of the Madhya Pradesh Land Revenue code, 1959, in respect of the other two plots kh. Nos. 6/4 and 9/1, Notices have been issued to the petitioners, who arc the legal representatives of Sugnichand, and the proceedings taken on the aforesaid application are still pending. But the petitioners claim to be aggrieved by the grant of the lease without hearing them and also by the dismissal of the application dated 18th August, 1962 which sugnichand had made to the State Government for a review of the order dated 4th january, 1962. 3. Having heard the counsel, we have formed the opinion that this petition is devoid of substance. The relevant provisions, which govern this matter, are contained in Section 247 of the Madhya Pradesh Land Revenue Code, 1959, which is reproduced:

"247 (1 ). Unless it is otherwise expressly provided by the terms of a grant made by the Government, the right to all minerals, mines and quarries shall vest in the State Government which shall have all powers necessary for the proper enjoyment of such rights. (2) The right to all mines and quarries includes the right of access, to land for the purpose of mining and quarrying and the right to occupy such other land as may be necessary for purposes subsidiary thereto, including the erection of officers, workmen's dwellings and machinery, the stacking of minerals and deposit of refuse, the construction of roads, railways or tram-lines, and any other purposes which the State governmentmay declare to be subsidiary to mining and quarrying. (3) If the Government has assigned to any, person its right over any minerals, mines or quarries, and if for the proper enjoyment of such right, it is necessary that all or any of the powers specified in Subsections (1) and (2) should be exercised, the Collector may, by an order in writing, subject to such conditions and reservation as he may specify, delegate such powers to the person to whom the right has been assigned; provided that no inch delegation shall be made until notice has been duly served on all persons having rights in the land affected, and their objections have been heard and considered. (4) If, in the exercise of the right herein referred to over any land, the rights of any persons are infringed by the