Case: Geomin Mineralas & Marketing P.Ltd Vs. State Of Orissa


Decision reasoning: 1[ds]It is well settled that no applicant has statutory or fundamental right to obtain prospecting licence or a mining lease. In this connection one may refer to this Court decision in Monnet Ispat (supra). Therefore, the High Court before interfering with the recommendation, ought to have looked into the nature of recommendation.35. In view of the finding as recorded above, we are of the view that the High Court committed a grave error of law in deciding the case on merits and deciding the question of legality of the recommendation made by the State Government. In fact they should have left the matter to the Central Government to pass an appropriate order in accordance with law instead of entertaining a premature writ petition. The State Government by its recommendation having forwarded the tabulated chart showing inter se merit of each applicant, it was not for the High Court to sit in appeal to decide who amongst all is more meritorious and is entitled for preferential right.36. We, accordingly, set aside the impugned judgment dated 14th July, 2010 passed by the Division Bench of the Orissa High Court and remit the matter to the Central Government to consider the question of approval under Section 5(1) taking into consideration the recommendations made by the State Government. While deciding the question it will keep in mind the objections raised by the parties as noticed in the preceding paragraphs. It is expected that the decision will be taken on an early date and shall be communicated to the State Government.