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1977 Supreme(Raj) 357

M.L.JAIN
Ram Singh – Appellant
Versus
The State of Rajasthan – Respondent


JUDGMENT

1. - The farts of this writ petition are that the respondents accorded a sanction of mining; lease for building stone in favour of the petitioner on 25-3-1958. The dead rent was of Rs. 4501/- and royalties were to be charged as stated in the order of sanction. The mining lease was for the period from 1-4-1958 to 3-3-1960. Besides, the petitioner was requiifd to pay surface rent and all taxes as per the Government Rules The petitioner deposited Rs. 1125/- of the first installment and Rs. 1125/- towards security. No lease deed was executed. The petitioner contends that he was a not given the possession of the mines By his order dated 5-5-1959, the Director of Mines and Geology, however cancelled the lease on the ground that the petitioner failed to deposit the due installments as stipulated in the agreement. Thereafter, the Department of Mines and Geology sent a certificate of recovery on 27-1-1960 of the recovery of Rs. 3,945/60 under the Rajasthan Public Demand Recovery Act to the SDO Jodhpur. Upon receipt of the notice, the petitioner submitted a petition denying his liability upon which the proceedings were dropped on 24-11-1961. A fresh requisition certificate was sent




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