Honble A. K. MATHUR, J.—This writ petition and the writ petitions mentioned in Schedule A appended to this order have been placed before this Division Bench on reference being made by Honble Mr. Rdjesh Balia, J. while disagreeing with the view taken by Honble Mr. V.K. Singhal, J. in Sadanand vs. State of Rajasthan (1). The following two questions have been framed by the learned Single Judge which read as under :

"1. Whether the power to relax a rule conferred on the Government under r. 65 of the Rules of 1986 also takes within it the power to substitute an existing rule with a new rule ?

2. Whether the State Government has authority under r. 65 of the Rules of 1968 to direct for charging of dead rent in a given case at rate different than the prescribed under the Rules, without amending the Rules itself?"

2. In order to understand the controversy raised in these writ petitions, the facts given in the case of Hari Singh Vs. State of Rajasthan (D.B. Civil Writ Petition No. 155/1990) are taken into consideration :

3. The petitioner by this writ petition has challenged the order of the State Government dated 24.5.1989 (Annex 7). whereby the State Government has issued an executive order di

Click Here to Read the rest of this document