Raja Sri Sri Durga Prasad Singh vs Braja Nath Bose on 21 February, 1912
19-1 S.C. India/71
290
he must be presumed to be the owner of the
underground rights thereto appertaining in the
absence of evidence that he ever parted with
them, and no such evidence has been produced."
Durga Prasad Singh v. Braja Nath Bose (1) was a case where
the zamindar of a permanently settled estate who asked for a
declaration of his right to minerals as against a lessee
from a digwar tenure holder. The digwar tenure was
originally granted in consideration of the performance of
military service to which police duties were attached. The
tenure was hereditary and inalienable, the digwar being
appointed by Government and being liable to be dismissed by
Government for misconduct. On such dismissal the next male
heir if fit to be appointed had the right to be appointed.
The digwar of Tasra granted a perpetual lease of the coal
mines underlying two villages to Tasra Coal Company in 1892.
On the question as to whether the digwar had a proprietary
right in the underground minerals the Board took the view
that the permanent settlement having been made between the
Government and the zamindar of Jharia and no attempt having
been made to prove that the mineral rights were vested in
the digwar before or at the time of the permanent settlement
and there being no evidence to show that the zamindar had
ever parted with mineral rights to the digwar, the latter
could not be held to have any proprietary right in the
minerals.