Madhya Pradesh Court March 1974 Judgments
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Gorelal Dubey Vs. the State Govt. of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-25-1974
Reported in: AIR1974MP197; 1974MPLJ636
Tare, C.J.1. This is a petition under Articles 226 and 227 of the Constitution of India for Writs of Certiorari and Mandamus seeking to quash the order of the Collector and Mining Officer, dated 3-6-1972 (Petitioner's Annexure-F) and the order, dated 23-6-1972 (Petitioner's Annexure-G) making a demand from the petitioner for Rs. 16,722.00 on the premises that the limestone quarried by the petitioner was for its use as minor mineral, though the petitioner had paid a royalty for quarried limestone as minor mineral at the rate of RS. 2-00 per ton. The royalty to be 'paid for limestone as a major mineral would be Rs. 1-25 per ton.2. On 10-11-1965 the petitioner was granted a quarrying lease for ten years. In the application filed there was no mention of the fact whether the limestone was intended to be quarried for being used in kiln for building purposes. But the only description given was that it was intended for burning. On that basis the petitioner was granted a lease.3. The said lease...
Suresh Kumar Vs. Town Improvement Trust, Bhopal
Court: Madhya Pradesh
Decided on: Mar-20-1974
Reported in: AIR1975MP189
S.M.N. Raina, J. 1. This is an appeal under Section 147 (a) of the Madhya Pradesh Town Improvement Trusts Act, 1960 (hereinafter referred to as 'the Act') against the decision of the Tribunal relating to compensation. 2. Land belonging to the appellant has been acquired under the Act. As theappellant did not accept the compensation offered by the respondent, the Trust made a reference to the Tribunal under Section 72(3) of the Act, The Tribunal awarded to the appellant compensation at the rate of Rupees 6,000/- per acre for the land, Rs. 5,000/-for the building, Rs. 3,000/- for the well and Rs. 815/- for the trees. Thus the Tribunal awarded a total sum of Rs. 1,20,060/- inclusive of interest as compensation to the appellant. The contention of the appellant is that he is entitled to compensation at the rate of Rs. 20/- per sq. yard for the land, Rs. 20,000/- for the building, Rs. 5,000/- for the well, Rs. 2,500/- for the trees and Rupees 10,000/- for loss of business and earnings. He th...
B.L. Shrivastava Vs. M.M.L. Shridhar and ors.
Court: Madhya Pradesh
Decided on: Mar-16-1974
Reported in: AIR1975MP21; 1974MPLJ512
B.R. Dube, J. 1. By this petition under Articles 226 and 227 of the Constitution, the petitioner seeks to quash the order dated 7-10-1965 (Annexure P-16) passed by Respondent No. 3 accepting the resignation of the petitioner dated 22-3-1965. 2. The petitioner was appointed as an Assistant Teacher in the year 1963. He was transferred to Government Higher Secondary School, Budwa, Tahsil Beohari, District Shahdol, where respondent No. 1 was the Principal of the school. It is said that on 6-9-1963 some quarrel took place between the petitioner and respondent No. 1 on the question of the use of two benches by the petitioner with the result that the respondent No. 1 along with one K. K. Sisodiya went to the petitioners residence and not only abused him but even gave him severe beating causing fracture in the right forearm. The petitioner sent a complaint about the said occurrence to respondent No. 2, the Divisional Superintendent of Education, Rewa, but he did not take any notice of it. The ...
Jayanti Mishra Vs. the Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Mar-15-1974
Reported in: AIR1975MP22; 1974MPLJ542
Singh, J. 1. This order shall also govern the disposal of Misc. Petition No. 347 of 1973. 2. The facts giving rise to these petitions are that certain area in village Bheraghat. District Jabalpur, which was previously under a mining lease was made available for regrant by a notification issued under Rule 58 of the Mineral Concession Rules, 1960, which was published in the Madhya Pradesh Gazettee dated 15th August 1969. The relevant part of the notification reads as follows: fuEu {ks= tks iwosZ{k.k vuqKfIr [kfu iV~Vk dsvUrZxr Lohr gqok Fkk] og {ks= bl vf/klwpuk ds jkti= esa izdkf'kr gksus dsO fnu ckn iwosZ{k. vuqKfIr] [kfu iV~Vk ds fy;s miyC/k gks ldsxkAM/s. Jailal Bharatlal, a partnership firm. made an application for mining lease ol this area on 14th September 1969 to the Collector, Jabalpur. Smt. Jayanti Mishra (petitioner in M. P. No. 120 of 19731 and M/s. Madhya Pradesh Lime Works (petitioner in M. P. No. 347 of 1973) also filed applications for grant of mining lease on 16th Septem...
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