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2006 Supreme(SC) 1059

ARIJIT PASAYAT, S.H.KAPADIA
Pallava Granite Industries (India) Pvt. LTD. – Appellant
Versus
Union of India – Respondent


JUDGMENT

Kapadia, J. - Leave granted in Special Leave Petitions.

2. In this batch of civil appeals by grant of special leave to appeal two questions arise for determination, namely, whether the G.O. No.1290 dated 27.8.91 constitutes a decision to grant or whether it constitutes a grant of mining lease per se and secondly whether the decision to revoke the said G.O. was actuated by mala fides in order to deprive the appellants of their mining rights.

For the sake of clarity we reproduce herein the facts in the case concerning M/s. Rita Industrial Corporation Ltd.–Appellant in C.A. Nos. ______ of 2006 @ S.L.P. (C) Nos. 20225-28 of 2005, they are as follows:

3. An area admeasuring Acs. 86.50 in Survey no.55/5 of Village Rajupalem-Lakshmipuram, Cheemakurthy Mandal, Prakasam District, Andhra Pradesh, being agricultural lands vested as surplus lands under Section 11 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short, "the 1973 Act") in the State Government. These lands were surrendered by the land holders under the said 1973 Act to the State Government. Later on, it was realised that these lands had galaxy granites and, therefore, proposals were made b






















































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