Honble KOTHARI, J.–This appeal has been filed by the plaintiff - Appellant M/s Dev Ganga Enterprises against the State of Rajasthan and the Mining Department, Udaipur and Rajsamand being aggrieved by rejection of its Civil Suit No.40/2005 filed for mandatory injunction against the defendant - Mining Department by the judgment and order dated 29.3.2006 of learned Additional Dist. Judge (Fast Track) No.2, Udaipur.

(2). That the plaintiff - appellant was granted contract for collection of excess royalty by the Superintending Mining Engineer, Udaipur on 18.7.2003 Ex.1 on record for the period of 2 years upto 31.3.2005 for a sum of Rs.36,52,00,000/- (Thirty Six Crores Fifty Two Lacs). The relevant preamble clauses of the said contract Ex.1 are reproduced hereunder for ready reference:

"Whereas the contractor has offered a bid for the grant of excess royalty collection contract for Mable (mineral) excavated and removed from the Mining leases situated within Revenue boundary of Tehsil Rajsamand, Kumbhalgarh, Amet and Railmagra of Dist. Rajsamand.

And whereas the said bid has been accepted by the State Government and the contractor had paid Rs.3,05,00000/- for first installment of the contrac

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