BANARSIDAS BHANOT Vs. DEVI SHANKER

JUDGEMENT

(1.) THIS is a petition under article 226 of the Constitution to call up and quash by certiorari the following:

(2.) THE facts giving rise to this petition may be stated in a few words. The petitioner, who held a quarry lease in respect of the area for the period 12 May 1958 to 12 May 1963, applied on 7 June 1963 for a regnant whereas the respondent 1 applied for the quarry lease on 1 June 1963. By the impugned order dated 3 July 1963, the Additional Collector, Jabalpur, preferred for the grant the respondent 1, who had applied earlier, as required by Rule 12 (1) of the Madhya Pradesh Minor Mineral Rules, 1961 (hereinafter called the Rules). As already indicated, the petitioner's appeal against this order was dismissed on 10 April 1964.

(3.) HAVING heard the counsel, we have formed the opinion that this petition must be allowed on the first ground. By a notification dated 18 November 1961 issued under section 26 (2) of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter called the Act), certain powers were delegated to the Commissioners and Collectors. That notification relied: