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1966 Supreme(SC) 245

K. SUBBA RAO, S. M. SIKRI, RAGHUBAR DAYAL, R. S. BACHAWAT, M. HIDAYATULLAH
Bihar Mines – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.SEN GUPTA, D.P.Singh, G.L.SANGHI, M.K.RAMAMURTHI, Mahinder Narain, NIREN DEY, R.Ganapathy Iyer, R.H.Dhebar, RAJINDAR NARAIN, RAMAMURTHI, RAMESHWAR NATH ROY, S.C.AGRAWAL, S.N.ANDLEY

Judgment

RAGHUBAR DAYAL, J. : (On behalf of himself, K. Subba Rao, CJI., and S. M. Sikri, J.) These three appeals, by special leave, are directed against the orders of the Central Government dated January 18, 1962, on applications for revision under R. 7 of the Mining Leases (Modification of Terms) Rules, 1956, hereinafter called the 1956 rules, in respect of the orders passed by the Controller of Mining Leases, Nagpur, on July 1, 1961, in Cases Nos. H-317, H-317A and H-317B.

2. The appeals arise thus. On August 11, 1928, Raja Ban Bahadur Singh of Palganj, in Bihar, executed a lease with respect to a certain area of his estate in favour of Babu Tribang Murani Chakravarti of Asansol for a period of 49 years for the purpose of carrying out mining operations in the said area for soap stone, kaoline etc. Chakravarti, the head lessee, executed a sub-lease in favour of Deoji Jairam Solanki on May 18, 1933. Solanki, in his turn, granted a sub-lease in respect of the same area in favour of M/s. Hirji Premji Parmar and Brothers on May 18, 1934. On October 18, 1954, M/s. Hirji Premji Parmar and Brothers, assigned their right, title and interest in the said area in favour of the appellants, the















































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