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2013 Supreme(Raj) 77

VINEET KOTHARI
Jabbar Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
D.D. Thanvi, for Petitioner;
R.K. Soni, Govt. Counsel, for Mining Department;
Garima Chouhan on behalf of V.K. Mathur, for Respondent No.2-Account General

Hon'ble Dr. KOTHARI, J.—This writ petition has been filed by the petitioner, Jabbar Singh, challenging the impugned demand notice Annex.3 dated 28.03.2011, by which the respondent- Mining Engineer, Udaipur, called upon the petitioner to pay a sum of Rs. 14,59,785/- within 15 days towards the revised dead rent in respect of Mining Lease No. 149/83 on the basis of audit objection raised by the audit team of the Accountant General (respondent No.2 herein) for the year 2007-08. A copy of audit memo was also supplied to the petitioner along with said communication dated 28.03.2011.

2. The petitioner has fled this writ petition on 13.04.2011 challenging the said communication calling it to be a demand notice and prayed for quashing of the same. The another prayer made in the writ petition is that it may be held that no revision of dead rent fell due in 1999 and 2004 and no such revision was permissible in view of 3rd proviso of Rule 18 (3) of the Rajasthan Mines & Minerals Concession Rules, 1986 (for brevity, hereinafter referred to as 'Rules of 1986').

2. While admitting the present writ petition, a coordinate bench of this Court on 19.04.2011 granted an ad-interim stay order in favour of
































































































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