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2003 Supreme(AP) 430

D.S.R.VERMA
Enterprising Enterprises Private Ltd. , Madras – Appellant
Versus
Government Of A. P. – Respondent


D. S. R. VARMA, J.

( 1 ) THIS writ petition is filed seeking a Writ of Mandamus declaring that the respondents have no power or authority to demand and collect dead rent and also cess with regard to patta lands, either at the time of granting mining lease or thereafter and for and consequential declaration that the demand of dead rent is arbitrary and unconstitutional and also for a consequential declaration that the proceedings of the 4th respondent dated 01-4-1997, whereby an amount of rs. 2,29,590/- was demanded as due towards dead rent and also towards advance dead rent, as illegal and arbitrary.

( 2 ) BRIEF facts of the case are that the petitioner is the owner of an extent of 2. 48 hectors in Chittagudem Muttagudem village, Khammam District. He applied for lease to extract granite under the A. P. Minor mineral Concession Rules, 1966 (for short the Rules ). The lease was granted for 15 years and a work order was also executed in form g . As per the terms and conditions of the lease agreement, an amount of rs. 25,000/- by way of dead rent together with 1/4th cess thereon and a seigniorage fee as prescribed has to be paid. The contention as regards the payment of seigniorage f







































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