Judgment

WANCHOO, J. : This is an appeal from a decree of the Patna High Court. The appellant is a Public Limited Company with its registered office at Calcutta. A mining lease was granted to it by the Raja of Ramgarh on December 29, 1947, for a period of 999 years in respect of 3026 villages, situate within the Ramgarh Estate and the appellant was put in possession thereof. On February 1, 1950 the appellant granted a sub-lease of two of the villages comprised in its grant to one Bhagat Singh for a term of 15 years. In the meantime the Mines and Minerals (Regulation and Development) Act, No. LIII of 1948 (hereinafter called the Act) had come into force along with the Mineral Concession Rules, 1949 (hereinafter called the Rules) in the area in which the two villages lay. Bhagat Singh then applied to the Deputy Commissioner, Hazaribagh for the grant of a certificate of approval under the Rules. Thereupon the Deputy Commissioner, taking the view that the sub-lease granted was in contravention of the Act and the Rules, filed a complaint on September 25, 1951, before a magistrate against two directors and the secretary of the appellant charging them with the breach of R. 45 of the Rules