Judgement

SHAH, J. : Subodh Gopal Bose - hereinafter called the plaintiff - commenced an action in the Court of the Subordinate Judge, Sasaram, against four defendants - the State of Bihar the Collector of Shahabad, the Additional Sub-Divisional Officer Sasaram, and Dalmia Jain and Company Ltd. - for a decree declaring that he was entitled to quarry limestone for trade purposes from the Murli Hills described in the Schedule annexed to the plaint, and for an injunction restraining the defendants from dispossessing the plaintiff or granting a lease of the land to any other person. In the Schedule, the two properties in respect of which relief was claimed were: (i) the Upper Murli Hill admeasuring 137 acres together with subsoil and mineral rights situate in pargana Rohtas bearing Touzi No. 4769 Tahsil Circle Sasaram; and (ii) the Lower Murli Hill comprising an area of 250 bighas within the Banskati Mahal together with the surface, subsoil and mineral rights situate in pargana Rohtas, Touzi No. 4771 Tahsil Circle Sasaram. The Trial Court dismissed the suit. In appeal the High Court of Patna modified the decree passed by the Trial Court and declared that the plaintiff was entitled to qu