The court affirmed that mining rights vested under the Coal Mines (Nationalisation) Act cannot be arbitrarily interfered with without due inquiry as mandated by law.

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer:

1. The instant writ petition filed under Article 226 of the Constitution of India, has been filed for the following reliefs:

(i) For issuance of an appropriate writ/order/direction upon the Respondents, specially the Respondents No.2 and 3 for restraining them from interfering in any manner with the coal mining activities being carried out by the petitioner on Plot Nos. 2420 and 2712 of Khata No.118 of Mouza-Bowakalan @ Barki Bowa in the district of Dhanbad which stood vested in the petitioner company on coming into force of the Coal Mines (Nationalisation) Act, 1973 with effect from 1/5/1973,

AND

(ii). For issuance of further writ/order/direction upon the Respondents restraining them from creating any disturbance in the on-going mining work of East Busseriya colliery on the plea that the coal mining activities are being carried on over forest lands.

Brief facts of the case:

2. The petitioner is holder of coal mining lease and engaged in coal mining activities. Further the East Busseriya colliery is situated at Mouza-Bowakalan @ Barki Bowa in the district of Dhanbad.

3. It has been stated that Plot No.2420 of Khata No. 118 has been recorded as Gair Abad Malik land in the Cadestral Survey Record of Rights. The said lands have been classified as Puratan Patit lands and the total area of the said Plot is 17.66 acres. Similarly, Plot No.2712 of Khata No.118 is also recorded as Gair Abad Malik land and the total area is 17.81acres. Accordingly, the total area falling under two these plots is 35.47 acres.

4. The aforesaid lands being Plot No.2420 and 2712 stands recorded under Khewat No.2 held by Rani Subhadra Kumari, the superior landlord.

5. The superior landlord, Rani Subhadra Kumari by a permanent lease being Mokrari Patta Deed No.2535 dated 10/11/1924 granted permanent lease for surface right as well as Zamindari (Intermediary) right i.e. right to collect rent also for a period of 999 years in respect of 881 Bighas in favour of one Prabhulal Pranjivan, the Ex-colliery owner.

6. In the year 1933, Raja Shiva Prasad Singh of Jharia Raj Estate who is the successor/legal heir of the said Rani Subhadra Kumari Devi, by a registered Deed No.3736 dated 14/11/1933 granted coal mining right/lease for a period of 999 years in respect of 1050 Bighas of coal land in favour of Maya Shanker Bhagwanji, son of Bhagwanji and Jatashanker Dossa.

7. Amongst the lessees of Deed No.2535 dated 10/11/1924 and Deed No. 3736 dated 14/11/1933, a partition of the said 1050 Bighas of land was carried out vide registered Partition Deed No.3970 dated 23/9/1937. As per the said Deed, 300 Bighas out of the said 1050 Bighas of land was allotted to one Mukta Bait, wife of late Maya Shanker Bhagwanji and Prabhulal Pranjivan son of Prajjivan Harishanker and remining 750 Bighas were allotted to Jatashankar Dossa, son of Late Dossa and others.

8. By virtue of subsequent partition through various partition deeds as well as sale Deeds executed in favour of Jatashanker Dossa, he became the absolute owner in respect of 750 Bighas of coal land inclusive of related surface lands.

9. The said Jatashanker Dossa vide registered Indenture Deed No. 9053 dated 13/9/1943 sold and transferred the said 750 Bighas land covered by Deed of the year 1924 and Deed of the year 1933 in favour of East Busseriya Colliery Company Limited. The said East Busseriya colliery Company Limited carried out coal mining business in the said 750 Bighas of land inclusive of lands falling under Plot No.2420 and 2712 referred to hereinabove.

10. The aforesaid coal mining operations included extraction of coal from underground coal mines and establishing Dhowras/staff quarters, Magazine house, inclines and other infrastructures etc.

11. On coming into force of the Bihar Land Reforsms Act, 1950 the Intermediary interest of the Ex-Zamindari vested in the State Government. However, in view of the provisions contained in Sections 9 and 10 of the said Act, the interest of mining lessee