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1981 Supreme(AP) 29

A.RAGHUVIR, K.MADHAVA REDDY
M. V. Krishna Rao – Appellant
Versus
District Collector Krishna – Respondent


RAGHUVIR, J.

( 1 ) IN the above group of cases the lessees of various types of stone ( minor minerals ) have approached this Court under Art. 226 of the Constitution to interdict the State of Andhra Pradesh not to collect "dead rent" from them. In the petition lodged on 4/09/1977 M. V. Subba Rao , is the lessee for black granite stone: whereas in the petition lodged on 8/12/1977 , the following five firms : M/s Road Metal Industries: Hyderabad Metal Industries ; Fine Granite Pvt. Ltd. And Supreme Crusker are lessees for granite stone. In the petition lodged on Dec. 18, 1978 M. V. Krishna Rao is the lessee for black rough stone. All these lessees make a common cause against the State Government when "dead rent" is demanded for them under the Mines and Mineral ( Regulation and Development ) Act , 67 of 1957 ( the Act ). Dead Rent to be precise is sought to be collected from them under rules promulgated on 4/09/1977. The rules are known as Mineral Concessions Rules of 1966. ( The Rule ). Rule 10 of the Rules pertains to dead rent and is substituted from 25/03/1977. The rule prescribes levy of dead rent if it is higher than the royalty payable on minerals removed. Schedule I to Rule te


















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