Hegde, J. On June 24, 1959, the Deputy Commissioner Santai Parganas caused a notice dated June 20, 1959 published in the Bihar Gazette in accordance with the provisions of Rule 6 7 of the Mineral Concession Rules, 1949, of the availability for regrant of mining rights in respect of fireclay over the whole of village Palasthali No. 39, situate in Thana Nala, Block Kasta, E Sub-Division Jamtara in the District of Santai Parganas. He announced in that notice that the said area will be available for regrant with effect from August l, 1959 and invited applications for grant of mining lease in respect of that area in accordance with the provisions of Mineral Concession Rules, 1949. The appellant, a partnership firm applied for that lease on June 24, F 1959 itself. Thereafter other persons including the Sth respon-dent Nankhu Singh also applied for obtaining the lease in question. The State Government of Bihar granted the lease to the appellant on March 31, 1962. In pursuance of that grant a written agreement was entered into . between the State Government and the appellant and the same was duly registered. The G Stllte Government rejected the applications of the other applicants. Even during the pendency of the applications before the State Government, -the 5th respondent moved the Central Goverqpient under rule 54 of the Mineral Concession Rules, 1960 which had replaced the 1949 R•1les. Therein he prayed that the- ·grant of the lease in favour of the appellant, if it !:ad been made, should be cancelled and that he should be granted the mineral lease in B question. The Central Government served a copy of that petition on the appellant and called for its comments. At th~ same time it called for the comments of the State Government as well. After
