ORDER :- This writ petition discloses a legal fight between a Central Government Company and the State of Maharashtra. The controversy is about the demand of the State Government for cess, for the 'Mathi' (Earth) dug up by the Company from the land leased to it.

2. The controversy had been discussed and decided upon by three orders, both (sic) adverse, to the company. The company has come to the Court.

3. The grant of the land admeasuring 72.02.66 hectares is evidenced by Exhibit 'A' dated 5-9-1979. Occupancy price was to be paid for to the State Government. The conditions of use and utilisation of the land had been specifically provided for. Clause (vii) is particularly important. It reads :

"the grant is subject to the reservation of the right of Government to all mines and mineral products and quarries in the land and the Government shall have full liberty to access for the purpose of working quarries and searching for the same with all reasonable convenience, as provided by the Maharashtra Land Revenue Code,

1966."

(Emphasis supplied)

4. Th

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