NARAIN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution the petitioners have prayed for quashing Annexure-8 to the writ case dated 12th Feb., 1979, by which petitioner No. 2 has been directed to get the schedule of the lands corrected in accordance with the map and by which the petitioners have also been directed to stop forthwith the mining operation in the pits including plot No. 14/2650 under Khata No. 36 in village Charka Pathal, having an area of 13.18 acres.

(2.) The area of plot No. 2650 is 13.18 acres, as mentioned in the body of the lease deed, whereas the area of that plot enclosed by red ink in the map is said to be 9.38 acres. The short question in the instant case is as to which one will prevail.

(3.) Shorn of other details, the relevant facts for the determination of the point in question are as follows:-- Petitioner No. 1 is an authorised agent of petitioner No. 2 in respect of mining operation carried on the leasehold. Petitioner No. 2 applied for mining lease in respect of mica. On receipt of that application and on consideration thereof, the respondent-State made an order for the grant of lease of the area measuring 210.29 acres comprised in various plots including that plot No. 14/2650 under Khata No. 36 in village Charka Pathal, having an area of 13.18 acres. After the order for the grant of lease was passed by the State of Bihar, the lease deed in accordance with the requirement of Rule 31 of the Mineral Concession Rules, 1960, was executed inter partes and registered. The relevant extract, order to appreciate the submissions advanced at the Bar, is as follows :