Judgement

AYYANGAR J. : These two appeals are against a common judgment of the High Court of Orissa and have been filed pursuant to a certificate of fitness granted by the High Court under Art. 132 (1) of the Constitution. They raise for consideration the question regarding the continued operation of the Orissa Mining Areas Development Fund Act (Orissa Act 27 of 1952) and the continued exigibility of the fees leviable from mine-owners under the said enactment.

2. Each of the respondents in the two appeals filed a petition before the High Court of Orissa under Art. 226 of the Constitution praying for the issue of a writ of mandamus restraining the two appellants - the State of Orissa and the Administrator, Orissa Mining Areas Development Fund from applying the provisions of the Orissa Mining Areas Development Fund Act (Orissa Act 27of 1952) to the respective respondents and to direct the two appellants to cancel the notices of demand requiring the petitioners to pay the fees assessed under the said Act issued by the second appellant and for an injunction etc. restraining them from taking any steps in pursuance of the said notices of demand.

3. The facts giving rise to these positions w