LAWS(PVC)-1919-12-87

INDIAN IRON AND STEEL CO LTD; SASIBHUSHAN; UMESH CHANDRA MONDAL Vs. BANSO GOPAL TEWARI; INDIAN IRON AND STEEL CO LTD

Decided On December 22, 1919
INDIAN IRON AND STEEL CO LTD; SASIBHUSHAN; UMESH CHANDRA MONDAL Appellant
V/S
BANSO GOPAL TEWARI; INDIAN IRON AND STEEL CO LTD Respondents

JUDGEMENT

(1.) In these three matters Rules were issued on the same day practically based on the same fasts. They arise out of some boring operations in Mouzah Parsundi comprising of about 5,000 bighas of land (4,906 according to the Revenue Survey). The Iron and Steel Company, who are the first party in the proceedings under Section 145 initiated on the 10th July 1919, obtained as petitioners, Rule No. 847 on the following allegations, namely, that the Maharaja of Burdwan was the Zemindar of the Mouzah and sole owner of the minerals and mineral rights therein. On the 9th September 1839 he granted a putni settlement of the Mouzah to certain persons shortly referred to as the Chatterjees and Misras. On the 5th April he authorised one E.J. Seth Sam on behalf of the Parsundi Mining Syndicate to go on with boring operations in the Mouzah pending execution and registration of a formal document and Seth Sam in his turn on the 12th April 1918 authorised the petitioners to carry on boring operations therein in a similar way. On the 27th September 1918 the Maharaja granted Seth Sam a formal document and Seth Sam in his turn executed and registered a similar document in favour of the petitioners on the 28th April 1919 confirming the authority given to them on the 12th April 1918. The petitioners further allege that they were peacefully and uninterruptedly carrying on boring operations in the Mouzah, and were "in possession thereof both surface and underground, for boring purposes by bringing boiler and boring instruments, fitting machinery, building bungalows and cooly huts, driving bore-holes and bringing out coal and exercising various other acts of actual possession in other ways;" that the place where boring operations were actually going on, having been claimed by Protapchandra Mondal and others as mokurarridars the petitioners had acquired all their rights including mining and mineral rights, if any, by documents, dated 4th December 1918 and 1st February 1919. The petitioners further allege that one Mr. Sampson of H V. Low & Company had joined hands with the putnidars and had obtained an amalnamah from them on the 22nd January 1919 to carry on boring operations in the said Mouzah and that he had commenced boring operations on the 31st March 1919 in another part of the Mouzah, that he had prevented carts carrying coal for the petitioners at a plane outside the Mouzah about three miles from their boring site and a breach of the peace being apprehended the petitioners had informed the Police and that the Police thereupon submitted reports.

(2.) On the 19th May the Sub-Divisional Officer of Suri passed an order under Section 144, Criminal Procedure Code, based upon the Police reports, dated 6th April 1919 and 16th May 1919, to the effect that a breach of the peace was likely at any moment. Therefore, he directed both parties to abstain from doing anything which might cause a breach of the peace.

(3.) On the 8th July 1919 he passed a fresh order that as the first party was trying to commit a breach of the peace in connection with their boring operations they were to be stopped carrying them on.