Judgment

HIDAYATULLAH, C.J.I. : This judgment will also govern the disposal of Civil Appeals 686 (Kanti Prasad Pandey v. State of Bihar and others), 687 (Shri Krishna Chandra Gangopadhya v. State of Bihar and others) and 688 (M/s. Pakur Quarries Private Ltd. and Anr. v. State of Bihar and others) of 1967. These four appeals have been brought against a common judgment, November 1, 1966, of the High Court of Patna (reported in AIR 1968 Pat 50) and arise out of four petitions under Art. 226 of the Constitution filed to question the validity of Proviso (2) to S. 10 (2) added by Bihar Land Reforms (Amendment) Act, 1964 (Bihar Act 4 of 1965) and the operation of the second sub-rule of R. 20 added on December 10, 1964 by a notification of the Government in the Bihar Minor Mineral Concession Rules, 1964. The facts of all the four cases are similar and the same points arise for determination. It is, therefore, sufficient to state the facts in Civil Appeals 685 and 686 as illustrative of the others as well.

2. One Jyoti Prakash Pandey obtained on March 23, 1955 from Babu Bijan Kumar Pandey and Smt. Anila Devi acting for herself and also as legatee under the will of one Baidyanath Pandey, regis