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1983 Supreme(Pat) 90

ASHWINI KUMAR SINHA, S.K.JHA
Narain Prasad Singh And Another – Appellant
Versus
State Of Bihar – Respondent


Judgment

ASHWINI KUMAR SINHA, J.

1. By this writ application under Art.226 of the Constitution the petitioners have prayed for quashing Annexure-8 to the writ case dated 12th Feb., 1979, by which petitioner No. 2 has been directed to get the schedule of the lands corrected in accordance with the map and by which the petitioners have also been directed to stop forthwith the mining operation in the pits including plot No. 14/2650 under Khata No. 36 in village Charka Pathal, having an area of 13.18 acres.

2. The area of plot No. 260 is 13.18 acres, as mentioned in the body of the lease deed, whereas the area of that plot enclosed by red ink in the map is said to be 9.38 acres. The short question in the instant case is as to which one will prevail.

3. Shorn of other details, the relevant facts for the determination of the point in question are as follows :-

Petitioner No. 1 is an authorised agent of petitioner No. 2 in respect of mining operation carried on the leasehold. Petitioner No. 2 applied for mining lease in respect of mica. On receipt of that application and on consideration thereof, the respondent-State made an order for the grant of lease of the area measuring 210.29 acres co







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