V.Ramaswami, J.

1. In this case the petitioner. Dulichand Khirwal, seeks a writ in the nature of certiorari from the High Court for the purpose of calling up and quashing the order of the Commissioner of Chota Nagpur, dated 11-2-1956, in Kolhan Title Appeal No. 124 of 1954.

2. The petitioner was a lessee for a period of five years from the State Government with regard to 42 acres of land in village Kusmunda, Police Station Chaibasa, in the Kolhan area. The said lease was for working a quarry for China clay in the said area. The rental fixed for working of the quarry was Rs. 125/- per year. Respondent No. 1, the State of Bihar, filed Kolhan Suit No. 31 of 1952, against the petitioner for recovery of a sum of Rs. 2,250.00 on account of the minimum royalty due for the period from 21-5-1945 to 20-5-1950. The suit was filed in the court of the Additional Deputy Commissioner of Singhbhum, who dismissed the suit on merits on 9-4-1954. The State of Bihar thereafter took an appeal before the Commissioner of Chota Nagpur Division, who heard the appeal on merits and allowed the appeal, holding that the State of Bihar was entitled to get a decree against the defendant for the recovery