B. P. DHARMADHIKARI, J. :- By this Writ Petition under Article 226 of the Constitution of India, the petitioner, a lease holder of 0.72 R land out of field Survey No.30/2/1 of Mouza Pimpalkhuta, Taluq Morshi, District - Amravati has challenged the orders of Collector dated 13.10.1992 and the subsequent order dated 27.10.1993 passed by the State Government in an Appeal and has also prayed for quashing and setting aside of show cause notices dated 13.07.1992,29.07.1992,26.08.1992 and 12.11.1993. The declaration that provisions of Section 48[7] of the Maharashtra Land Revenue Code, 1966 (hereinafter referred to as "the MLR Code" for short) are ultravires the legislative powers of the State Government and therefore, unconstitutional, has also sought by prayer to strike it down. The petitioner has also complained of violation of the principles of natural justice and has stated that he did not receive the measurement report on the basis of which the recovery under Section 48 [7] of the MLR Code has been sought. Hence, the mention of quantities of mineral in the body of this judgment is subject to this objection of the petitioner.

2. The petitioner has a licence to extract minor mineral and at the relevant time it was valid & to operate for 5 years as per orders dated 08.01.1990. On 13.07.1992 a show cause notice was issued to him for recovery of royalty amount of Rs.15 lakhs and penalty of thrice the said amount i.e. Rs.45 lakhs. He was ca11ed upon to show cause as to why for extracting 10000 brass of minor mineral from river bed adjacent to land given to him, total amount of Rs. 60 lakhs should not be recovered from him. On 21.07.1992 he was informed that the site in dispute was to be measured on 23.07.1992 and he was called upon to remain present with necessary records. On 29.07.1992 another show cause notice was issued to him and said show cause notice mentions that, subsequent to the demand dated 16.07.1992 by petitioner, measurement was taken on 23.07.1992 in his presence. The said show cause notice states that the petitioner had extracted total 1289 brass of minor mineral, and that was from leased area. Out of it royalty for 450 brass was only paid and 175 brass material was available at site. Thus balance 664 brass was dispatched by the petitioner without paying any royalty. His accounts were also found to be not maintained properly. A show cause notice there invoking Section 4 [1] of the Mines and Mineral (Regulation and Development) Act, 1957 (hereinafter referred to as "the M.M. Act" for short) and Rule 18[l][i][xii] of the Maharashtra Minor Minerals Extraction (Vidarbha Region) Rules, 1986 (hereinafter referred to as "the Vidarbha Rules" for short), was issued. The provision of Section 21[5] of the M.M.Act for carrying out extraction outside the leased area and provisions of Section 21 [41 thereof for seizure of tools and vehicles used, were also invoked. It appears that, the petitioner paid amount of Rs.16,966/-. Thereafter on 10.08.1992, he also sought installments to pay the balance amount of Rs. 34,774/-. Thereafter he also applied for removing the seals put on his vehicles and machines. On 26.08.1992 a third show cause notice was issued to him and this was in relation to 1289 brass of minor mineral. This show cause notice reveals that he extracted 664 brass minor mineral from within leased area, but did not pay royalty upon it. Remaining 545 (1289-664) brass were alleged to have been extracted from the area not leased out to him. This notice in paragraph no.8 invoked Section 48[7] of the MLR Code and called upon the petitioner to pay penalty of Rs.1,04,322/- in relation to this 545 brass of minor mineral. By paragraph no.9 he was also called upon to show cause why action under Section 21[1] of the MM Act should not be taken against him. After receipt of this communication, petitioner submitted his reply dated 25.09.1992 and in that reply, along with other grievances also reiterated that measurement report w