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1966 Supreme(Raj) 158

MODI, TYAGI
Shivchand Goyal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Chand Mal Lodha, for Petitioner; Raj Narain.Dy Govt. Advocate, for State

TYAGI, J.—This is a petition under Art. 226 of the Constitution filed by Shivchand to challenge the validity of the order of the Collector, Ganganagar, dated 1st November, 1961 directing the Tehsildar to attach the brickkiln and the bricks lying at the spot belonging to the petitioner.

2. Petitioner Shivchand was permitted by the Panchayat Ridmalsar vide its resolution No. 3 dated 30th November, 1960 (Ex. 1) to construct a brick-kiln and to prepare the bricks by digging the brick earth from Killas Nos. 1, 2, 3, 8. 9, 10, 11 and 12 in Murabba No. 72, Chak No. 60 LNP situate in the Abadi areas within the jurisdiction of that Panchayat. After having obtained the said permission, the petitioner applied to the Mining Department for granting mining lease for quarrying brick earth from the said area which was allotted to the petitioner by the Panchayat. The Assistant Engineer, Mines and Geology, Bikaner, granted the requisite permission under R. 57(2) of the Rajasthan Minor Mineral Concession Rules, 1959. to quarry the brick earth from Killas Nos. 1, 2, 9, 10, 11, 12, 19 and 20 in Square No. 72 (vide document Ex. 2 dated 25th October, 1961.).. In pursuance of the said permission, a lease a






















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