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1961 Supreme(P&H) 44

MEHAR SINGH, A.N.GROVER
Krishan Khanna – Appellant
Versus
State Of Punjab – Respondent


Judgment

A.N.Grover, J.

1. This is a petition under Article 226 of the Constitution of India in which it is necessary to state certain facts before the question that have been canvassed before us can be disposed of.

2. It appears that a coal depot had been allotted to a firm of the name of Messrs Sant Singh Mohan Singh at Jullundur. According to the petitioner, in 1949 Sant Singh, who was one of the partners of the firm, surrendered his share in favour of the petitioner, and the depot was transferred to a firm called Messrs Mohan Singh Maharaj Krishan. In 1952 Mohan Singh also surrendered his share in favour of the petitioner and applied to the Civil Supplies Department for the refund of the security deposited by him. The petitioner was directed by the authorities to deposit the necessary security of Rs. 500 as that he could be allowed to continue as a coal depot-holder (vide Annexure A to the petition). The petitioner then deposited a security of Rs. 500 and informed the office by means of a letter dated the 15th July, 1952 (Annexure B). On report of the office, marked Annexure C, the District Magistrate passed an order, which is set out in Annexure D, releasing the security of Moh


































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