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1964 Supreme(Online)(MP) 8

MADHYA PRADESH HIGH COURT
, J
United Collieries Ltd. – Appellant
Versus
State Government – Respondent


Advocates:
For the Appellants/Petitioners: Shri Dabir
For the Respondents: Shri Bhave

Table of Content
1. petitioners claim lease rights and interference. (Para 1 , 2 , 3)
2. arguments on statutory warranties and contract enforcement. (Para 4 , 5)
3. court's determination on lease terms and contractual nature. (Para 6 , 8 , 9)
4. clarification on rights not constituting statutory provisions. (Para 7)
5. final judgment, petition dismissed as contractual breach cannot be addressed via articles. (Para 10 , 11)

1.This is an application under Art.226 and Art.227 of the Constitution of India for the issue of a command to the State Government, the Collector of Surguja, the Divisional Forest Officer, Surguja, and South Eastern Railway Administration and its Engineer - in - chief at Manindragarh to secure and preserve the rights of the petitioners granted to them under a mining lease by the State of Madhya Pradesh and to ensure the continued enjoyment of those rights by the petitioners and their quiet possession. The petitioners also pray for the issue of a prohibitory direction restraining the respondents from interfering in any way with the petitioners' rights under the lease.

2. The material facts of the case are very simple. By an indenture of lease concluded between the firs

















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