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1980 Supreme(Raj) 91

K.S.SIDHU
ATMA RAM BILOCHI – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
G.G.Sharma, M.I.KHAN

Judgment


K. S. SIDHU, J.

( 1 ) THIS judgment will deal with S. B. Civil Writ Petition No. 955 of 1980 and the companion petitions listed above. The respective IN petitioners are all holders of different mining leases under the Mines and Minerals (Regulation and development) Act, 1957, which will hereinafter be called the Act and the Rules made thereunder. Two common questions of law arise in these petitions and the same may be stated as under:-

i. Whether the Government of Rajasthan is authorised by law to levy and collect dead rent?

ii. If so, whether the increase in the yearly dead rent, made by the government while sanctioning renewal of the leases in question exceeds the maximum limit prescribed by law, and is therefore, invalid?

( 2 ) IT is not necessary to recapitulate here the pleadings of the parties in all the petitions. Such recapitulation may be made only in respect of the pleadings in s. B. Civil Writ Petition No. 955 of 1980 as typical of all the petitions. Atma Ram bilochi is the petitioner in that case. By an instrument of lease, executed on april 7, 1975, he was granted a mining lease for excavating marble from an area measuring 7200 square meters for a term of five y


























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