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1999 Supreme(Raj) 53

V.S.KOKJE, P.P.NAOLEKAR, P.K.TEWARI
Krishna Murari Goyal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
S.M. Mehta, Sr. Advocate, with N.K. Maloo, for Petitioner Kamlakar Sharma, counsel for Respondents

Honble NAOLEKAR, JJ.–The two writ petitions involve similar questions of law and facts, therefore, they are being disposed of by this common judgment.

(2). Facts in writ petition No. 825 of 1981 are that a notification was published in Rajasthan Gazette dated 23.10.1969 by Assistant Mining Engineer, Alwar inviting persons to bid in auction for the plots for mining lease. The appellant Kishan Murari was granted mining lease by order dated 8.1.1970 on annual dead rent of Rs. 1001 for a period of five years. The formal deed of lease agreement was executed on 20.2.1985. The appellant was granted renewal of the lease for a further period of five years on double the amount of dead rent i.e. Rs. 2002 per year. The Rajasthan Minor Mineral Concession Rules, 1959 were repealed and the Rajasthan Minor Min- eral Concession Rules, 1977 (hereinafter to be referred to as `the Rules of 1977) were promulgated with effect from 10.6.1977. In pursuance of the Rules of 1977the State Government vide order dated 20.6.1978 extended the period of lease in place of 20.2.1975 to 20.2.1980 to 20.2.1975 to 19.2.1985 i.e. for a period of ten years with the condition that the dead rent would be revised after ever
















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