PETITIONER:
STATE OF BIHAR AND ORS.
Vs.
RESPONDENT:
TATA ENGINEERING & LOCO. CO. LTD. & ANR.
DATE OF JUDGMENT08/09/1995
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
JT 1995 (9) 609 1995 SCALE (5)465
ACT
HEADNOTE
JUDGMENT
ORDER
Leave granted.
Heard the counsel on both sides. Since the mining lease had already expired by efflux of time, we dispose of the appeal by stating as below:
One M/s. Douglas Dias had approached this Court by way of appeal, viz., C.A.No. 3996/87 Since it has been dismissed as withdrawn by this Court’s order dated 25th January, 1993, the controversy does not survive for decision in this case, except that the impugned decision may be construed to stand in the way of the State to consider similar case differently in future. In fact in the application for condonation of delay, in filing this appeal, it was stated in paragraph 2, thus:
"Initially there was a decision taken
that the petitioner should only file a
counter affidavit to the special leave
petition No.6337 of 1986, filed by the
respondent no.2 herein, M/s Douglas
Dias, in the Supreme Court, but without
there being a proper appreciation and
perusal of the judgment done by the
department they came to know that it may
subsequently affect the rights of the
petitioners, while granting any mining
lease to any party. Ultimately, it was
decided in the month of November, 1986,
to file a special leave petition herein
the Supreme Court and now the
petitioners are filing a petition for
special leave here in the Supreme
Court."
It is made clear that the judgment of the High Court would not be construed to stand in the way of the appellant to grant mining leases in accordance with law and it would not form a precedent.
The appeal is accordingly disposed of. No costs.