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1980 Supreme(Raj) 74

MAHENDRA BHUSHAN
Pusha Ram – Appellant
Versus
Modern Construction – Respondent


Advocates:
B.P. Agarwal, for Pusha Ram in all appeals; M.B.L. Bhargava, for the company; G.C. Kasliwal, Sr. Advocate, for the State and the Chief Engineer.

Judgement

JUDGMENT:- Though the appeals arise out of separate suits, in which separate judgments have been passed, but they relate to the same Royalty Collection Contract, and some of issues are common. Therefore, it will be convenient to dispose of these appeals by a common judgment.

2. I will first narrate the facts of the case.

3. A notice was published in the Rajasthan Gazette dated May 25, 1961, under Rule 36 (1) of the Rajasthan Minor Mineral Concession Rules, 1959 (hereinafter referred to as the Rules) for grant of several royalty collection contracts ending on March 31, 1963 for a period of two years. We are presently concerned with item No. 30 of the said notification regarding royalty collection contract for ordinary sand and building stones excavated from the quarries in 12 villages of Tehsil, Bhanerorgarh, mentioned therein. The auction took place on June 22, 1961, and the bid of Pusharam (hereinafter referred to as the plaintiff) of Rupees 3,351/-, being the highest, the State of Rajasthan granted to the plaintiff a right to collect royalty chargeable on ordinary sand and building stones at the rate of 25 N.P. per tonne, as specified in the Rules. An order dated July 3, 1












































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