Modi, J. —This is a writ application under Art. 226 of the Constitution by Sethi Marble and stone Industries and others in which the validity of The Rajasthan Minor Mineral Concession Rules, 1955, (hereinafter called the Rajasthan Rules) made by the Rajasthan State, and the royalty imposed in accordance with certain notification issued thereunder is questioned as ultra vires and void.

2 The petitioners are stone merchants and are also manufacturers of stone ballast and chips and carry on business as such at Chittorgarh. They work certain quarries themselves and also purchase stone from other quarry-owners who have their quarries in Chittorgarh and certain other places within a radius of 10 miles from that place. The petitioners carry stone to their factories and prepare chips & ballast therein and the sell them. Opposite party No. 2 Chunilal is a contractor appointed by the State of Rajasthan for collecting royalty by virtue of a contract taken by him at a public auction, the period of the contract being form the 1st April, 1957 to the 31st March, 1958. This contract was given in accordance with the terms and conditions mentioned in the notification published in the Rajasthan Rajpat

Click Here to Read the rest of this document