AIR 2003 SUPREME COURT 953 ::2003 AIR SCW 440 ::(2003) 2 CivLJ 94 ::2003 (2) SCC 533 ::(2002) 9 Scale 428 ::(2003) 2 JCR 99 (SC) ::2003 (1) OrissaLR 619 ::2003 (1) Andh LD 91 ::2003 (1) SLT 66 ::2003 (1) Supreme 17 ::2003 (3) SRJ 220

Supreme Court Of India

(From : AIR 2002 Orissa 45)

Hon'ble Judge(s): G. B. Patnaik, K. G. Balakrishnan, Satya Brata Sinha , JJJ

(A) Constitution of India , Art.133— Subsequent event - Consideration - Mining lease - Appeal of rival claimant against judgment of High Court, holding recommendations made by State Govt. in favour of respondents to be legal - Subsequent event of reservation of entire area for being exploited by Public Sector Undertaking - Not relevant. Mines and Minerals (Regulation and Development) Act (67 of 1957) , S.11— Per Majority (S. B. Sinha, J., Contra.) :- Where appeal of rival claimant against the judgment of High Court, holding recommendation made by State Govt. for allotment of mining lease in favour of respondents to be legal, and the original petition was filed against the order of approval passed by the Central Govt., to consider the legality of same the subsequent event of reservation of entire area for being exploited by the Orissa Mining Corporation, would be of no @page-SC954 consequence and appeal cannot be dismissed on that ground. In such a case, Supreme Court was not called upon to answer the question whether the respondents had any right to leasehold area in which case possibly, it could have examined as to whether that right still subsists or not, in view of the so-called order of the reservation in favour of the Orissa Mining Corporation. A Court can always take up the subsequent event into consideratio....