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2008 Supreme(SC) 115

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA, P.SATHASIVAM
K. T. Varghese – Appellant
Versus
State of Kerala – Respondent


judgment

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the order passed by a Division Bench of the Kerala High Court. Challenge before the High Court was to the order passed by a learned Single Judge dismissing the Original Petition filed.

2.Background facts as projected by the appellants in a nutshell are as follows:

The appellants are engaged in the business of limeshell. They have been holding the necessary dealers’ licence issued under the Kerala Minor Mineral Concession Rules, 1967 (hereinafter referred to as ‘the State Rules’) under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as ‘the Act’) and the Minor Mineral Concession Rules, 1967 (in short the Rules). The appellants were given the licence under Rule 48-C of the State Rules. As per the licence the appellants got the licence to sell stock and exhibit for sale minor minerals under the Rules. Along with the licence certain conditions have also been laid down which the appellants are under obligation to comply with. When the appellants were not granted the renewal of licence for the period 1997-98, they approached the High Court by filing O.P.No.14269/1997 whic

























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