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1956 Supreme(Raj) 73

I.N.MODI, K.N.WANCHOO
Bherulal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Appearance :
Sumerchand and S.M. Rajna, for the Appellant
Mukatbeharilal, Advocate for Non-Petitioner No. 2 and L.N. Chhangani, for the Respondents

Judgment Wanchoo, CJ.-This is an application under Article 226 of the Constitution by bhurulal against the State of Rajasthan and Itfangairam, praying for an order in the nature of prohibition in connection with certain dues which are being realized from the applicant as royaity.

2. The facts, which have led to this application, are these. The applicant is a stone merchant, and purchases building stone from quarrymen of different quarries situate in Tahsil Nimbahera in district Chittorgarh. Thereafter, he sells these stones either in Nimbahera itself or in other parts of Rajasthan, and even beyond Rajasthan, Mangairam is a contractor appointed by the State of Rajasthan for collecting wnat is called royalty in connection with these quarries. Mangairam. holds a contract from the State of Rajasthan for this purpose as he offered the highest bid of Rs. 3 9,251/-for collection of royalty. According to the contract entered into between Mangairam and the State of Rajasthan, he is authorised to collect royalty on stones from the quarry-holders or from persons taking the stone from such quarry-holders at the rate specified in the schedule attached to the contract. The contract is valid for















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