JUDGMENT - Padhye, J.

1. The petitioner challenges the order dated 30-3-1971 passed by the Sub - Divisional Officer, with powers of the Collector and the order dated 31-7-1971 passed by the Commissioner, Nagpur Division, in an appeal which was treated as a revision by the Commissioner. The petitioner claims to be the owner of Khasras 1 and 5 of Mouza Mahadulla, tahsil Ramtek, district Nagpur on the death of the original owner Mahipat son of Madhao Mahajan and his widow Sarjabai. The State Government granted a mining lease in favour of the respondent No. 1 in respect of this piece of land and the Collector

2. by his letter dated 24th March, 1969 asked the Sub - Divisional Officer, Ramtek to fix the compensation under Section 48 (4) of the Maharashtra Land Revenue Code, 1966 and to arrange to tender the amount to the land owner. The Sub - Divisional Officer by his order dated 30-3-1971 determined the compensation at the rate of Rs. 1,000/- per acre and fixed the price accordingly on consideration of the material before him.

2. Before the revision application was decided by the Commissioner, the Collector had granted a working permission to the respondent No. 1 by his order dated 13-5-19

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