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1980 Supreme(Cal) 53

SIBA PRASAD RAJKHOWA
Golakpati Mahato – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Biswanath Sanyal for petitioner
Samir Chatterjee for opposite party.

ORDER

By this Revision Petition, the accused/petitioner has prayed for quashing the proceeding in case no. GR 617 of 1980 under s. 3 of the Coal Mines (Nationalisation) Act, 1973 and under s. 30(2) of the Coal Mines (Nationalisation) Amendment Act. 1976.

2. Sri Sunil Kumar Chatterjee, an alert Sub-Inspector of Police who was the Officer-in-Charge of Jamuria Police Station, District Burdwan during April 1980 filed a first information report dated 17.4.80 to the effect that the accused/petitioner was appointed Receiver of Acharya Desher Mohan Colliery, Police Station Jamuria, by order of the Hon'ble High Court at Calcutta in connection with Special Suit no. 89 of 1978. Accordingly the said Receiver was extracting coal from the said colliery and used to sell it to different persons. On 11.4.80, a three-Judge Bench of the Supreme Court of India passed an order on the issue of Coal Mines and while upholding the validity of the Coal Mines (Nationalisation) Amendment Act 1976, declared infer alia that according to the scheme of the Act, the coal industry had been nationalised as a whole and a total ban had been imposed upon operation of coal mines by any person other than the Central Govern























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