UNION OF INDIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) UNION of India has taken resort to Articles 226 and 227 of the Constitution of India and seeks quashing of order Annexure X by which monetary liability to the extent of Rupees Fifteen thousand eight hundred sixty only has been imposed.

(2.) THE brief facts are as under :

(3.) SOMEHOW or the other, the Mining Inspector, Datia formed a view that the lifting of the earth from the land owned by the Union of India fell within the term "mining operation" and accordingly called upon the petitioner Union of India to pay royalty. This position was controverted by the petitioner but it failed to persuade the Mining Officer and other functionaries right till the Board of Revenue. The Board of Revenue passed an order on 10th of January, 1984 by which the various contentions raised by the Union of India were rejected. It came to the conclusion that the provisions of Section 248 (1) of the M. P. Land Revenue Code, 1959 (hereinafter referred to as the 'code', were attracted to the facts of the case and as mining operations had been carried out, the Union of India became liable to pay the royalty. The appeals preferred before various departmental authorities having failed, the present petition under Article 226 of the Constitution was filed.