Judgment

SIKRI, J.: There are two matters before us for disposal. One is an appeal by special leave against the judgment of the Patna High Court, dismissing an application filed by Biswanath Prasad under Art. 226 of the Constitution. The other is a petition filed under Art. 32 of the Constitution. In the petition under Art. 32, some points have been raised with were not debated before the High Court and some documents which were not produced before the High Court have been filed in this Court. In the circumstances it seems convenient to proceed to dispose of the petition first, but we will, where appropriate, indicate the finding and reasoning of the High Court on a particular point. To decide the points raised by Mr. C. B. Agarwala, the learned counsel for the petitioner, it is necessary to state the facts somewhat in detail, for, inter alia, he submits that the action of the Union Government in acquiring the petitioner s mines was mala fide.

2. The petitioner, by deed of sale dated November 29, 1956, purchased a colliery, called Dhobidih Colliery, for Rs. 20,000 from the Bengal Coal Co. Ltd., Calcutta. He held a certificate of approval granted to him under Rule 6 of Mineral Conces