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1987 Supreme(Pat) 112

B.P.SINGH, NAGENDRA PRASAD SINGH
Upendra Jha – Appellant
Versus
State Of Bihar – Respondent


Judgment

N.P.SINGH, J.

1. This application has been filed for a writ of mandamus, directing the respondent-Divisional Forest Officer, not to interfere with the mining operation carried on by the petitioners in the area which is part and parcel of his lease-hold.

2. It is the case of the petitioner that a mining lease in respect of the area in question had been granted previously to M/s. India Fire Bricks and Insulation Company Private Limited. On the basis of that lease, the aforesaid Company did mining operation in the aforesaid area for a number of years. Thereafter the lease in their favour was terminated and fresh advertisement was made for grant of the mining lease. The petitioner applied for the grant of a lease covering a total area of 415.45 acres of land. The State of Bihar sanctioned the grant of the lease, by its order dated 18-5-1983, for a period of 20 years, for mining Fire Clay in the said area. The Deputy Commissioner, Hazaribagh executed a deed of lease on 25th July, 1983 in favour of the petitioner. The District Mining Officer, Hazaribagh is said to have demarcated the aforesaid area of 415.45 acres and delivered possession to the petitioner on 30-9-1983. The petit


















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