N.L.Untwalia, J.

1. The case of the petitioner, Bishwanath Prasad, is that he is "the owner, proprietor and purchaser of Dhodidih Colliery situate within the Sub-Divisional area of Giridih in the district of Hazaribagh". He claims to have purchased the said colliery from the Bengal Coal Company Ltd., by a registered indenture of sale dated 22nd November, 1956, On the date of his purchase,

"the Colliery was a going concern raising coal of grade 111-B as per tonnage granted to it and the petitioner who hold (sic) a certificate of Approval granted to him by the State of Bihar under the Mineral Concession Rules, 1949 . after purchase continued raising coal from the said Dodidih Colliery."

The petitioner made an application on the 19th of January, 1957, to the Coal Board, Calcutta, for permission to open four seams of the said Dhodidih Colliery. The Coal Board by its order dated 10th October, 1957, refused permission to work the colliery and by another order dated 24th of February, 1958, withdrew Grade III-B fixed for the colliery on the ground that no such quality of coal was required from the area. After the orders aforesaid were made by the Coal Board, the petitioner entered