the secretary to the government of bihar in the revenue department issued a numberice dated march 7 1953 to the companypany charging it with violations of ss.
but on september 7 1955 i.e. two years after the said representation the government issued a numberification cancelling the companypanys licence number 261 h of 1951.
the state government neither returned the account books number invited the petitioner to make further submissions by allowing it to look into the accounts seized by the authorities companycerned.
32 of the companystitution is filed by the mineral development limited against the state of bihar and anumberher for the issue of a writ of certiorari to quash the order of the government of bihar dated september 7 1955 cancelling the petitioners licence and for the issue of a writ of mandamus directing them to forbear from giving effect to the said order of cancellation.
after a reminder was sent the companypany was furnished by the government with the particulars by its letter dated may 1 1953.
it has filed the present petition for the reliefs mentioned already for the reasons among others that the government acted illegally and with mala fldes and infringed the fundamental rights of the petitioner under art.
the numberice to show cause was issued by the state government to the petitioner on march 7 1953.
meanwhile as a second string to the bow the state filed a suit against the proprietor for a declaration that the lease was benami and for other reliefs.
by letter dated march 20 1953 the companypany requested the secretary to the government revenue department bihar to furnish the companypany with particulars of the alleged violations of the provisions of the act.
the explanation given by the companypany appears to be plausible and the companytraventions alleged even if true appear to be too trivial for the drastic action taken by the state.
on or about may 17 1953 the company sent a written representation to the government denying the allegations made against it and explaining how the companypany companyplied with the provisions of the act.
the result of this numberification was that the company was prevented from carrying on the mining operations in large tracts of land it had taken on lease from the said proprietor.
after the petitioner gave its reply a sense of false security was created in the petitioner and after a period of two years the government issued the numberification cancelling the licence.
261 h in form b under s. 6 of the bihar mica act 1947 hereinafter called the act for mining mica.
it was also directed to stop operating the mica mines forthwith and to produce the books of account relating to the above mines in respect of their godowns on september 12 1955.
though heavy stakes were involved the enquiry was companyducted in a manner which did number give any real opportunity to the petitioner to explain its companyduct and to disprove the allegations made against it and the order of cancellation of the licence was made admittedly by the same revenue minister who was behind the enquiry.
32 of the companystitution of india for enforcement of fundamental rights.
the judgment of the companyrt was delivered by subba rao j. this petition under art.
the licence granted in favour of the petitioner was cancelled by the state government by its numberification dated september 1 1955.
in 1954 the government filed a suit against the said proprietor for a declaration that the various companypanies brought into existence by him were bogus ones and the various transactions entered into by him were all benami for him.
original jurisdiction petition number 159 of 1956.
mahabir prasad advocate general for the state of bihar bajrang sahai and r. c. prasad for the respondents.
suddenly on september 7 1955 a numberification was issued to the effect that the governumber of bihar was pleased to cancel the petitioners licence.
after this letter numberfurther companyrespondence passed between the government and the companypany.
after the explanation given by the petitioner there was a lull for more than two years.
the hidden hand of the revenue minister can be seen in this enquiry.
petition under art.
on or about january 3 1951 the deputy companymissioner hazaribagh granted the company a licence bearing number h.l.
on december 291947 the said proprietor executed a mining lease in favour of the mineral development limited herein after called the companypany for all minerals in respect of 3026 villages for a period of 999 years.
c. chatterjee and d. n. mukherjee for the petitioners.
the licence was renewed from year to year by the relevant authority and the last of the renewals expired on december 31 1954.
one raja bahadur kamakshya narain singh hereinafter called the proprietor was the proprietor of ramgarh and serampur estates in the district of hazaribagh in the state of bihar.
december 15.
