( 1 ) THIS is a petition under Article 226 of the Constitution by the holder of a mining concession for a writ of certiorari and such other writ or order as this Court may consider appropriate. It is mainly directed against an order dated 4 January 1962 whereby the Sub-Divisional Officer, Katni (respondent 2), directed the petitioner to pay Rs. 2,570/- as compensation for the surface of 11. 35 acres of land before commencing the mining operations.

( 2 ) BY a provisional agreement dated 26 December 1960, the petitioner was allowed to extract and remove fire-clay from 58. 05 acres of land of village Jharela, tahsil Murwara, as therein specified. One of the terms of that agreement is that the petitioner shall observe and conform to the requirements of the Mineral concession Rules, 1949. On 17 April 1961, the petitioner applied for permission to commence the mining operations over 11. 35 acres of the land. The respondent 2, by his order dated 29 May 1961, overruled the petitioner's contention that, under section 247 (4) of the Madhya Pradesh Land Revenue Code, 1959, it was not liable to pay any compensation for the land which was grass land owned by the State government. Sub