Judgment

DESAI, J.:- This appeal by certificate under Article 133 (1) (b) and (c) of the Constitution arises from a writ petition filed by the appellant in the High Court in which her motion for a writ of certiorari to quash an order No. K/MM/65 dated November 4, 1965, issued by the Mining Officer, Jabalpur, respondent 6 for and on behalf of Collector, Jabalpur, respondent 1, and a prayer for a writ of mandamus seeking to restrain the State of Madhya Pradesh and its officers and servants from recovering the amount involved in the writ petition, were negatived.

2. A brief resume of facts would help in focussing attention on the dispute involved in this appeal. Appellant applied for and obtained a quarry lease for excavating limestone in an area covering 25.32 acres in Jabalpur District, under the relevant Minor Mineral Rules then in force. The lease was executed by the appellant and the State of Madhya Pradesh on June 26, 1961. Madhya Pradesh Minor Mineral Rules, 1961 (1961 Rules for short), came into force with effect from August 11, 1961. By virtue of Rule 24 of 1961 Rules the royalty in respect of quarry leases was regulated as set out in the schedule annexed to the Rules. In respe