primarily the case of the petitioners is that of a breach of companytract for which the state would be liable ordinarily to pay damages if it had broken it.
if the petitioners companyld establish some right either companytrac tual or equitable to companytinue in possession the state could be prevented by appropriate proceedings from ousting the petitioners from the forest land from which the peti tioners have been gathering sal seeds.
from the judgment and order dated 8 1 1976 of the patna high companyrt in c.w.j.c.
a.i.r.
a.i.r.
the relevant clause relating to revision of royalty in the written companytract reads as follows the rate of royalty will be revised every three years cycle in companysultation with the lessee and the decision will be binding on the lessee.
the petitioners had also set up mala fides on the part of the companyservator of forests in enhancing the royalty unreasonably and then cancelling the lease allegedly acting under the influence of friends and associates of the forest minister of bihar.
227 and 228/ 1976.
civil appellate jurisdiction civil appeal number.
the petitions were directed against orders of the state government passed in 1974 revising the rate of royalty payable by the petitioners appellants under a lease of 1970 and after that cancelling the lease by a letter of 15th march 1975.
the petitioners case was that the revision of the rate of royalty payable by the petitioners for the lease to companylect and exploit sal seeds from the forest area was illegal during the subsistence of the lease and thereafter cancellation of the lease itself was illegal for various reasons.
the judgment of the companyrt was delivered by beg c.j.
john for the appellants.
n. sinha sol.
number 1053 and 1054 of 1975 .
singh and shambhu nath jha for the respondents.
m. singhvi sri narain and k.j.
