R. S. BINDRA, A.J.C. :- This writ petition filed under Art. 226 of the Indian Constitution by Xec Ayub against the order dated 6-10-1963 made by the Director of Industries and Mines, Government of Goa, Daman and Diu, calling upon him (the petitioner) to pay a sum of Rs. 20,000 plus an additional 20 per cent, by way of penalty for violation of the provisions of S. 98 of the Portuguese Mining Law incorporated in the Decree dated 20-9-1906 (hereinafter referred to as the Decree) raises the sole question whether the demand made is constitutionally justified.

2. Xec Ayub is the concessionaire of the manganese ore mine known as Zambutolem and situated at Verlem Sanguem Taluka. On 18-7-1963 an accident occurred at that mine which resulted in the loss of four human lives. It was Xec Ayub himself who reported the occurrence telegraphically to the Director of Industries and Mines (hereinafter referred to as the Director). On receipt of that telegram Shri Nadkarni of the Mines Department visited the scene of occurrence, collected the facts, and reached the conclusion that "the accident is mainly due to the reason that Xec Ayub did not obey and follow rigorously the respective explorat