P. B. GAJENDRAGADKAR, B. P. SINHA, J. C. SHAH, K. C. DAS GUPTA, K. SUBBA RAO
Mineral Development LTD. – Appellant
Versus
State Of Bihar – Respondent
Judgment
SUBBA RAO, J. : This petition under Art. 32 of the Constitution is filed by the Mineral Development Limited against the State of Bihar and another for the issue of a writ of certiorari to quash the order of the Government of Bihar dated September 7, 1955, canceling the petitioner s licence and for the issue of a writ of mandamus directing them to forbear from giving effect to the said order of cancellation.
2. One Raja Bahadur Kamakshya Narain Singh (hereinafter called the proprietor) was the proprietor of Ramgarh and Serampur estates in the district of Hazaribagh in the State of Bihar. On December 29, 1947, the said proprietor executed a mining lease in favour of the Mineral Development Limited (hereinafter called the Company) for all minerals in respect of 3026 villages for a period of 999 years. On or about January 3, 1951, the Deputy Commissioner, Hazaribagh, granted the Company a licence bearing No. H. L. 261-H in from B under S. 6 of the Bihar Mica Act, 1947 (hereinafter called the Act) for mining mica. The licence was renewed from year to year by the relevant authority and the last of the renewals expired on 31-12-1954. The Secretary to the Government of Bihar in th
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