JUDGMENT

ORDER:— The above Petition for Special Leave to Appeal was heard along with Writ Petns. Nos. 1656 of 1981 etc.- D.K. Trivedi & Sons v. State of Gujarat and Civil Appeals Nos. 706 of 1981 etc. - Ambalal Manibhai Patel v. State of Gujarat, (reported in AIR 1986 SC 1323). All those Writ Petitions and Civil Appeals were disposed by a judgment delivered by us today. In view of our said judgment leave to appeal is granted in the above Petition and printing and preparation of the appeal record are dispensed with.

2. The Appellant had filed in the Gujarat High Court a writ petition under Art. 226 of the Constitution being Special Civil Application No. 138 of 1978, challenging the validity of the Notification dated April 6, 1967, issued by the Government of Gujarat in the exercise of the power under S. 15(1) of the Mines and Minerals (Regulation and Development) Act, 1957, whereby the Government of Gujarat made the Gujarat Minor Mineral (Second Amendment) Rules, 1976, enhancing the rate of dead rent payable by the holders of quarry leases. The appellants writ petition was dismissed by a learned single Judge of the High Court. Thereupon, the appellant filed a Letters Patent Appeal a