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1951 Supreme(Mad) 328

M.PATANJALI SASTRI, B.K.MUKHERJEA, S.R.DAS, N.CHANDRASHEKAR AIYAR, H.J.KANIA
The State of Orissa – Appellant
Versus
Madan Gopal Rungta – Respondent


M.C. Setalvad, Attorney-General for India (G.N. Joshi, Advocate, with him), for Appellant in all the five appeals.
N.C. Chatterjee, Senior Advocate (H.J. Umrigar and A.N. Roy, Advocates, with him), for Respondent in Case No.300 of 1951.
Roshan Lal, Advocate for Respondents in Gases Nos.301 and 304 of 1951.
N.C. Chatterjee, Senior Advocate (A.N. Roy, Advocate, with him), for Respondent in Case No.302 of 1951.
N.C. Chatterjee, Senior Advocate (A.N. Roy and. A.N. Sinna, Advocates, with him), for Respondent in Case No.303 of 1951.

Kania, C.J.-These are five companion appeals from the judgment of the High Court at Orissa, delivered on five petitions filed by the respondent in each of the appeals, to obtain from the Court a writ of mandamus and/or directions under Article 226 of the Constitution of India.

Each of the respondents alleged that between 1941 and 1947 he had agreed to take from the Ruler of Keonjhar a mining lease and had entered into possession of the area. Some of the petitioners alleged that they had spent money on the development of the mines and installed machinery to work the same. It is however common ground that there was no registered lease in favour of any of the respondents before 1947. On the 14th December, 1947, the Ruler of Keonjhar entered into a merger agreement with the Dominion of India and as from the 1st January, 1948, the State was merged in the Dominion of India. After signing the merger agreement the Ruler gave registered leases on the 27th December, 1947, to the respondents in these appeals. In pursuance of the exercise of the powers conferred on the Government of Orissa by section 4 of the Extra Provincial Jurisdiction Act, 1949, read with Notification No.172/1B dated 23rd M


























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