Decided on May 04,1967

J.C.RISHI Appellant
UNION OF INDIA Respondents


- (1.) THE petitioner had applied for grant of a mining lease over 30. 32 acres of land in village Dhaurabhata for a period of 20 years for mining dolomite. The State government, however, by order dated 7th January 1964 granted a lease over 27. 67 acres and that too for a period of three years only. The petitioner accepted the lease under protest and preferred a revision petition under Section 54 of the mineral Concession Rules, 1960, before the Central Government That revision was allowed and the State Government was directed to grant lease over 30. 32 acres of land for a period of 10 years. Pursuant to the said order dated 23rd February 1965, a supplementary lease dated 31st January 1966 was executed on behalf of the State Government in favour of the petitioner.
(2.) THE Central Government, however, as a result of certain proceedings initiated by Vallabhadas Sutaria (respondent No. 4) set aside the order of the State government dated 7th January 1964 and directed the State Government to notify the area for re-grant. The communication of the Central Government is contained in Memo No, MV-1 (271)/65, dated 19th December 1966 (Annexure P-11 ). Pursuant to the order of the Central Government, the State Government has passed the order of cancellation of the lease vide Memo No. 273-8694/xii dated 19th January, 1967. The Collector has accordingly directed the petitioner by letter dated Sth February 1967 (Annexure P-12) to stop the mining operations and to vacate the area.
(3.) BY this petition under Article 226 of the Constitution, the petitioner seeks a writ of certiorari for quashing the order of the Central Government dated 19th december 1966 by which the grant in favour of the petitioner has been set aside, as also for quashing the consequential orders passed by the State Government cancelling the lease and by the Collector directing the petitioner to suspend the mining operations and to vacate the area.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.