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1964 Supreme(Raj) 38

MODI, CHHANGANI
Tiwari Jhumerlal Swarooplal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
M.M. Tiwari, for Petitioner; C.K. Garg, for Respondent; Kan Singh, Government Advocate, for State

CHHANGANI, J.—This is an application under Arts. 226 and 227 of the Constitution of India by M/s Tiwari Jhumerlal Swarooplal praying for the issue of a writ of certiorari, mandamus and prohibition to quash an order of the Rajasthan Government dated the 6th August, 1963., cancelling the petitioners lease, and also for the issue of a writ of mandamus directing the respondent to allow the petitioner to continue to work out the mines for the remaining period of the lease and prohibiting and restraining the respondent from sanctioning the reaction of the lease in the name of others. The case set up by the petitioner in the writ application may be briefly stated as follows :—

2. The petitioner is a registered partnership firm carrying on the sand stone mining business in the Tehsil Bayana and Roopbas in District Bharatpur. The firms constitution had changed from time to time but since April, 1958, it has been a firm consisting of four partners. However, in spite of the change in the constitution of the firm the firm has been maintaining the continuity of the business. In the year 1943 the firm was granted the mining lease of the area containing sand stone in Tehsil Bayana and Roopbas of t




































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