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1961 Supreme(Raj) 155

SARJOO PROSAD, SHINGHAL
Hari Shanker – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
V.P. Tyagi, for Petitioners; Kan Singh Govt. Advocate, for State

SARJOO PROSAD, C.J.—These writ petitions relate to mining leases and raise an important question as to the interpretation of Rule 30 and other subsidiary rules of the Minor Minerals Concession Rules, 1955. They have been accordingly heard together and it is convenient to dispose them of by this judgment.

2. In two of the petitions, the petitioner is Hari Shanker proprietor of Messrs Hari Shanker Rajendrapal, a firm of contractors while the other petition Civil Writ No. 88 of 1960, has been presented by Virendra Pal, proprietor of another firm, known as "Kishorilal Virendra Pal".

3. We may at the out-set state the relevant facts which have given rise to the petitions on behalf of Hari Shanker. The petitioner carries on the business of operating mines of sand stone in Tehsil Dholpur eversince 1956 when the mining lease for extracting sand stone was sanctioned in his favour by the Government of Rajasthan. From before that period the entire area of the, erstwhile Dholpur State was leased out by the then Dholpur Ruler to Dholpur Stone Company to extract sand stone from the mines situated in that State. Later, when the State of Dholpur merged in the State of Rajasthan, the Rajasthan Govern























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