CHANDRASHEKARAIAH, J.

( 1 ) IN this petition, the petitioner has sought for quashing of Ann. P and for a direction to the respondent not to proceed with the recovery of a sum of Rs. 41,571/- as per Ann. L.

( 2 ) THE facts in this case are as follows : the petitioner has taken the land measuring 7, acres, 35 guntas in Sy. No. 120/3 of Budappanahalli village, Byadgi Taluk of Haveri District, on lease in a public auction. The lease deed was executed by the State Government somewhere in the year 1996 for a period of 5 years, in the first instance. Thereafter, the lease is being renewed from year to year. During the subsistence of this lease, the petitioner was directed to pay a sum of Rs. 41,571/- as dead rent. Under the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as the "act"), this was questioned by the petitioner by way of preferring a revision petition is No. 19/2001 before the Director of Mines and Geology. The learned Director dismissed the revision petition holding that the petitioner is liable to pay the dead rent as demanded by the Department. These proceedings are challenged by the petitioner in this petition.

( 3 ) THE learned Counsel fo

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