S. V. SREENIV ASULU vs STATE OF KARNATAKAAND

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(Kar) 10

RAM MOHAN REDDY
S. V. SREENIV ASULU – Appellant
Versus
STATE OF KARNATAKAAND – Respondent

Advocates appeared:
Sriyuths D.L.N. Rao and KN. Phanindra, Advocates for Petitioners in W.P. Nos. 20185 and 44051 of 2002; 11813, 28241, 28243, 51491, 5l492 and 53443 of 2003; 1042 and 3534 of 2004 and 31921 of 2001;
Sri D.L.N. Rao, Advocate for Petitioners in W.P. Nos. 17424 and 52582 of 2003; 39997 and 31921 of 2002;
Sri KN. Srinivasa, Advocate for Petitioners in W.P. Nos. 36777 and 30864 of 2003; 5997, 6698 and 14099 of 2004; 14099, 16298 and 16:)00 of 2005;
Sri K.B. Shivakumar, Advocate for Petitioner in W.P. No. 28538 of 2003;
Sri Jayavittal Rao Kolar, Advocate for Petitioner in W.P. No. 216l3 of 2003; Sriyuths S. Shadaksharaiah and M.A. Vijay, Advocates for Petitioners in W.P. Nos. 54240 and 54239 of 2003 and 40296 of 2002;
Sri M.M. Swamy, Advocate for Petitioners in W.P. Nos. 19097 and 19098 of 2005;
Sri Keshava Reddy, Additional Government Advocate for Respondents in all W.P.

ORDER

Common questions of fact and that of law arise for decision making, hence with the consent of learned Counsel for the parties, the petitions are clubbed together, finally heard and are disposed of by this common order.

2. The petitioners are in possession of forest land in Bellary District to mine iron ore under registered lease deeds executed by the State of Kamataka. The State Government, by letter dated 4/5-7-1974 imposed a lease rent of Rs. 250/- per acre (Rs. 625/- per hectare), per annum and by Government Order No. FEE 52-FM-94, dated 21-5-1997 enhanced the lease rent to Rs. 5,000/- and in addition, imposed supervision charges at Rs. 187.50 per year, per hectare of the leased land. By another Government Order bearing No. APG 69-FFM-96, dated 29-8-1997, the lease rent was revised thus:

(a) for the first 5 years Rs. 1,000/-

(b) for the next 5-10 years Rs. 2,000/-

(d) from 15th year onwards Rs.5,000/-

Guidelines in the matter of recovery of lease rents and supervision charges were in the Order No. APG 93-FFM-2001, dated 26-6-2003, of the State Government.

3. The petitioners having paid part of the lease rent and supervision charges, under protest,

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2008 Supreme(Kar) 10

RAM MOHAN REDDYS. V. SREENIV ASULU – AppellantVersusSTATE OF KARNATAKAAND – Respondent

Cases Referred (3)

RAM MOHAN REDDY
S. V. SREENIV ASULU – Appellant
Versus
STATE OF KARNATAKAAND – Respondent