S M YAQUB Vs. TNBASU

JUDGEMENT

(1.) This is an application by the second party to proceedings under Section 145, Criminal P.C., the Magistrate having found the possession of the first party and directed the petitioners not to interfere with it. The learned Additional Judicial Commissioner of Chota Nagpur has declined to make a reference in the matter to this Court.

(2.) The proceedings relate to the mineral rights in three villages, Kali, Dumara and Mahuamilan, within pargana Tori in the district of Palamau in Chota Nagpur.

(3.) In the year 1867, the then Maharaja of Chota Nagpur made a khorposh grant of the entire pargana Tori, comprising 63 villages, to his younger son, Maharaj Kumar Jagat Mohan Nath Sah Deo. He died in 1869, and his elder son, the present Maharaja, half brother of Jagat Mohan, succeeded. Disputes arose between the half brothers with regard to the mineral rights in the pargana. In 1921, the Maharaj Kumar granted a prospecting license to a Syndicate, and in 1922 the Maharaja brought a civil suit in the Court of the Subordinate Judge of Palamau for a declaration of his right to the minerals in pargana Tori and for an injunction restraining tine Maharaj Kumar from entering upon or removing any minerals within the pargana or from interfering with the Maharaja, his servants or agents in doing all acts incidental to the enjoyment of the right. This suit failed in the Court of the Subordinate Judge, but was decreed in appeal in the High Court in 1927, the case is reported in Udai Pratap Nath V/s. Jagat Mohan A.I.R. 1928 Pat. 66 and this was upheld by the Privy Council in 1931, the decision is reported in Jagat Mohan Nath V/s. Pratap Udai Nath .