BRIJ LAL SURI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution. The petitioner is the Karta of a joint Hindu family firm which carries on business in the name of the Northern India Lime Marketing Association, hereinafter referred to as "the Association". The first respondent is the State of Uttar Pradesh and the other respondents are State officials. The principle relief sought by the petitioner is the issue of a writ in the nature of mandamus to compel the State Government to issue to the Association a mining lease to which he claims that it has a statutory right.

(2.) THE circumstances giving rise to this petition are briefly these : In the Dehra Dun District of this State there are valuable limestone deposits, and on the 31 -7 -1948, the Association was granted a prospecting licence in the form prescribed by the United provinces Mining Concessions and Mineral Development Rules, 1940 (hereinafter referred to as "the 1940 Rules") and purporting to be issued in accordance with those Rules. The licence was for a period of one year in the first instance, and under it the Association was given the right subject to the royalties, covenants and agreements therein reserved and contained to enter upon the lands described in the schedule thereto, to search for and win certain specified minerals lying under such land and to carry away and dispose of the minerals so worked for the use and benefit of the Association. The minerals specified in this licence included limestone.

(3.) RULE 33 of these Rules further provided that on or before the determination of his licence the licensee shall have a right, in the case of minerals other than precious stones,