. An application for the grant of prospecting licence made by the petitioner was rejected on 8-1- 1996 by respondent No.2, where against an appeal was filed by the petitioner which was dismissed by respondent No. l on 14-3-1996. This is a writ petition against the same.
2. It is contended by the learned counsel for the petitioner that the application of the petitioner for the grant of licence was prior in time than of respondent No.4, she was entitled to the grant of licence in view of the Rule 15 of the Punjab Mining Concession Rules, 1986. It is further contended that in view of the previous record of respondent No.4, the grant of licence to respondent No.4 was also illegal.
3. The learned Assistant Advocate-General, Punjab supports the order passed by the respondents.
4. It is not disputed that an application had been made by the petitioner for the grant of prospecting licence which was still pending when as per report submitted by the respondents, the Mines Committee:--- .Approved the grant of prospecting licence for iron ore in favour of Messrs Punjab Mineral Development Corporation over an area of 3977.68 Acres keeping in view the national importance of iron ore deposits to be prospected/developed by Messrs Punjab Mineral Development Corporation under the Annual Development Programme. "
This is also the reason mentioned in the order of respondent No.1 whereby the appeal, filed by the petitioner was dismissed. By invoking Rule 15 of the Rules ibid, the petitioner thinks that an absolute right accrued to her by making application which was prior in time. This is not supported by the content of Rule 15 which is as follows: -- "Priorit .--- In case there. Are more applications than one for the grant of a licence or a lease in respect of the same mineral or area, unless the Licensing Authority in its discretion decides otherwise, by recording reasons, therefore, the principle of first come first served shall apply."
A perusal of the above rule would show that it gives discretion to ignore the rule of first come first served for reasons to be recorded by it. In Messrs Kohinoor Aluminium v. Province of East Pakistan and others PLD 1969 Dacca 293 such a rule appearing in Pakistan Mining Concession Rules, 1960 came to be considered before a Division Bench of Dacca High Court and it was observed that:-- "In spite of the fact that Rule 20 speaks of the preferential treatment in respect of the first comer, yet the provision of discretion made in that rule takes away the force of the preferential treatment that the first applicant can claim."
Accordingly, it was held that:-- "We find no right vesting in the petitioner to challenge the impugned orders under Article 98 of the Constitution and also that on merits the petitioner has not been able to make out any case in his favour."
"Grant of licence remains a privilege until it is actually granted and is accompanied by a grant."