JNANANANDA INDUSTRIES Vs. SUB DIVISIONAL LAND REFORMS OFFICER

JUDGEMENT

(1.) This rule is directed against notices dated 6th November, 1971 and 30th November, 1971 (Annexure E & F respectively) whereby Jnanananda Industries Private Ltd. (hereinafter referred to as the petitioners) was directed to make necessary arrangements for the payment of royalty dues on or by 12th November, 1971. The said notices were issued by the Sub-divisional Land Reforms Officer, Asansol, respondent No. 1.

(2.) The petitioners, a company registered under the Indian Companies Act, has its registered office at Ukhra, in the District of Burdwan. It has been alleged that Maharajadhiraja of Burdwan, was ceased and possessed of certain Zamindari estates and properties, of which the coal lands, mines and hereditaments comprising the Guru Gopinath Colliery (hereinafter referred to as the said Colliery) of the said petitioner, formed a part. By an indenture dated the 27th October, 1915 the said Maharaja granted and demised to one Ray Pulin Behari Singha Bahadur and others, the said coal lands, mines and hereditaments comprising the said colliery. The said Singha Bahadur, by another indenture of sub-lease dated 5th July 1920, demised and granted to Ukhra Estate Zamindari Private Limited, amongst others, the said coal lands and mines comprising the said colliery for 999 years, effective from 1st day of Baisakh 1327 B.S. Ukhra Estate Zamindary Private Limited, in their turn by an indenture of under lease dated 19th March, 1950 granted and demised to the petitioners, the said coal lands and mines comprising the said colliery, for a period of 960 years on and from 21st March 1947, subject to payment of royalty at the rate of 6 annas per ton of all kinds of coal, with a minimum charge fixed at Rs. 1680/- only per annum.

(3.) The petitioners have stated that since 21st March 1947 they have been working in the said colliery and is in peaceful possession thereof. They have also stated that thereafter, they acquired the coal mining right of several Bajaipti lands from several Bajaiptidars and has also been working those lands as parts of the said colliery.