A.K. Patnaik, C.J.

1. By a common order dated 2-12-2006 passed in the writ petitions, a learned Single Judge of this Court has referred the following two questions for opinion of the Division Bench:

(i) Whether under Section 247 of the M.P. Land Revenue Code, 1959 for assignment of the right by the Government to any person in respect of land of which surface right vests in third person, the consent of land owner (Bhumiswami) is necessary? Any grant by the Government without any consent of such Bhumiswami is sustainable under the law?

(ii) Whether the Division Bench in Premchand (supra), has rightly held that for assignment of rights in respect of any minerals, mines and quarries by the Government to a third person under Section 247 of the Code, an opportunity of hearing or consent of the Bhumiswami is not required?

2. Mr. Vivek Tankha, learned Senior Counsel appeared for the petitioner in W.P. No. 3548 of 2008 and Mr. A.P. Singh, learned Counsel appeared for the petitioners in W.P. Nos. 7745 of 2006, 8873 of 2006, 8874 of 2006, 8876 of 2006, 10706 of 2006, 10707 of 2006 and 1308 of 2008. Mr. Tankha leading the arguments on behalf of all the petitioners submitted that under Entry 5