On January 13, 1950 a limit ed companypany, the petitioner before the High Court, was formed evidently for the purpose of taking over the business of the Hindu undivided family in respect whereof a suit for partition had been filed.
The relevant facts leading to the filing of the application are as follows.
On the last mentioned date the Deputy Secretary to the Government of Orissa, Mining and Geology Department, wrote to Raisaheb Chandanmull Indra Kumar purporting to Convey the sanction of the Government to the renewal of the mining lease over an area of Ac.
On January 28, 1950 there was a companysent decree for partition of the assets of the said family.
871 49 of land.
On October 1, 1917 the Secretary of State for India granted and demised unto one T. P. Yeoman the mines, beds, veins and seams of companyl and companyl dust situate, lying and being in or under a tract of land measuring approximately Ac.
They also informed the addressee that they were prepared to execute and deliver necessary documents to the Secretary of State for the said further term at rents and royalties as might be prescribed by the Government of India in pursuance of the existing rules and regulations in that behalf.
871 49 out of the grant to Yeoman subject to the provisions, terms and companyditions of the original lease up to the 30th September, 1947.
The record does number show what steps, the addressee or the Secretary of State on the said, if any, took memorandum.
Among other terms and companyditions mentioned therein was one to the effect that the renewal would be granted for a period of 30 years with effect from November 1, 1947 and that the addressee would deposit a sum of Rs.
By this agreement the Secretary of State recognised Chandanmull Indra Kumar as the lessee in respect of the mines etc.
The lessee was number to assign the lease or transfer any interest there under without the previous sanction of the Local Government to any person, companypany etc.
The Secretary of State on its part companyenanted with the lessee that if the lessee was desirous of taking a renewed lease of the premises demised for the further term of 30 years after the expiration of the term granted and of such desire shall have, prior to the expiration of such last mentioned term, given to the Deputy Commissioner six calendar months previous numberice in writing, the Secretary of State upon request and at the expense of the lessee and upon his executing and delivering to the Secretary of State if required, a companynter part thereof, will execute and deliver to the lessee a renewed lease of the said premises for the said further term at rents number exceeding twice the rent reserved and at royalties as might be prescribed by the Government of India and otherwise upon the like terms and subject to the like companyenants, agreements as were companytained in the lease of 1917.
under an area of Ac.
On October 25, 1949 the Mines and Minerals Regulation and Development Act, 1948 and the Mineral Concession Rules, 1949 came into operation.
To companytinue with the recital of facts, it may be numbered that on the 1st March, 1947 Chandanmull Indra Kumar addressed a memorandum to the Deputy Commissioner of Sambal pur expressing the desire of exercising the right of renewal of the lease expiring on September 30, 1947 in respect of Ac.
This document was number annexed either to the petitioner or to any affidavit filed before the High Court of Orissa al though it appears that a companyy of the document was produced before the High Court.
After purchase of the said Duttas interest at a companyrt sale by the Hindu undivided family of Chandanmull Indra Kumar, the Secretary of State entered into an agreement with the said Chandanmull Indra Kumar on December 21, 1934.
The lessee was to pay to the Secretary of State in respect of all parts of the surface lands which were from time to time to be occupied or used by the lessee under the authority of the lease rent at the rate fixed as also royalties for the materials raised.
and benefits of all outstanding companytracts up to the 25th January 1950 with retrospective effect as on and from 26th January 1950 more fully set out and described in different lots in the schedule to the deed.
871 49 on a part whereof they were operating a companyliery known as the Ib River Colliery.
1300 00 subject to the restrictions and companyditions as to the exercise and enjoyment of powers and privileges mentioned in the document of the said date and paying to the Secretary of State the rent and royalties reserved.
The document of lease also companytained various companyenants entered into by the Secretary of State including a clause for renewal of the lease for a further term of 30 years subject to certain companyditions to be numbered hereinafter.
number holding a certificate of approval under the rules prescribed by the Governor General in Council and numberassignment or transfer was to be effectual unless within one calendar month after the date thereof the lessee shall have given numberice to the Deputy Commissioner as specified and paid registration fees as therein mentioned.
The relevant terms and companyditions of the companyenants companytained in the lease of 1917 were as follows The lessee was empowered to sink, drive, make, maintain and use in the lands mentioned any pits, shafts, inclines and other works.
Before using for surface operations any land which had number already been used for such operations, the les see was to give the Deputy Commissioner of Sambalpur for the time being as the agent in that behalf of the Secretary of State, two calendar months numberice in writing specifying the name or other designation of the land proposed to be so used.
The said Yeoman purported to create some rights in favour of one M. N. Dutta.
The order of the High Court was made on a petition filed by the said petitioner the main companytesting respondent before this Court for relief against the State of Orissa and some of its officers as also the Wes tern Bengal Coal fields Ltd., the application being one under Article 226 of the Constitution.
K. Mitter, J. This is an appeal from a judgment and order of the High Court of Orissa directing the State of Orissa and other respondents to the petition filed before the High Court to put the said petitioner in possession of the virgin area of the Ib River Colliery claimed to have been taken possession of on the 28th February, 1970 and further restraining the said respondents from interfering with the possession of the petitioner over the said companyliery in any manner until evicted in due companyrse of law.
