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1964 Supreme(Pat) 165

H.MAHAPATRA, A.B.N.SINHA
Tirbeni Prasad Rungta – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. A rule nisi in the nature of prohibition was issued to the State of Bihar, the Certificate Officer, Daltonganj, and the District Mining Officer, Ranchi cum Palamau to show cause why the proceedings in Miscellaneous Case No. 101 of 1961-62 shall not be quashed and why the respondents will not be prohibited from taking any further steps against the petitioner in that proceeding. Return has been made by the State of Bihar.

2. The petitioner stated that on the 11th of July, 1919, Kuar Amar Dayal Singh, proprietor of Ladi estate, a Jagirdar, granted a mokarrari mining lease in respect of irom ore in two villages Adar and Gore to one P. K. Chatterji by a registered instrument. The lessee assigned the same to one Bymokesh Mukherji on whose death his three daughters granted a sub-lease to Madan Gopal Rungta, the father of the petitioner, for ten years under a registered instrument dated the 21st September, 1951 (Annexure C to the application). Madan Gopal Rungta expired on the 15th October, 1962, and his son the petitioner succeeded him and was working the mines on the basis of the sub-lease, through his agents. On the 30th of November, 1962, the petitioners authorised agent rec













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