G. B. PATNAIK, J.

( 1 ) PETITIONER is a lessee in respect of 96 hectares of land for period 1989-90 to 1993-94 in river Brahmani in village Gengutia under the provisions of the Orissa Minor Minerals Concession Rules, 1983. Under the terms of the agreement, the royalty had been fixed at Rs. 75,255/- per annum which was to be paid in advance by the lessee every year. The petitioner was further liable to pay the surface rent of Rs. 887/- and cess of Rs. 887/- every year. While the petitioner was continuing as a lessee under the aforesaid terms and agreement, opposite party No. 2 by letter dated 2-2-1990 demanded payment of cess at the rate of Rs. 13,858/- in place of the contractual rate of Rs. 887/- per year and the notice demanding the same has been annexed as Annexure-2. The petitioner had to pay the said amount under pressure. The Government of Orissa framed the Orissa Minor Mineral Concession Rules, 1990, which came into force with effect from 29-8-1990 and under Schedule I of the said rules, royalty for sand has been fixed at the rate of Rs. 15/- per cubic metre in place of Rs. 1. 50 per tonne which has been fixed under the Rules of 1983. Opposite party No. 2 vide letter dated