G. B. PATNAIK, J.

( 1 ) THE levy made under the provisions of the Orissa Minor Mineral Concession Rules, 1990, in respect of a Sairat source of quarrying which had been granted in favour of the petitioner under the Orissa Minor Minerals Concession Rules, 1983, is under challenge in this writ application on the ground that the petitioner being a lessee under the 1983 Rules, his rights cannot be affected in any manner by introduction of the 1990 Rules and his lease has to be governed by the provisions of the 1983 Rules.

( 2 ) THERE is no dispute that the lease in favour of the petitioner had been granted under the Orissa Minor Minerals Concession Rules, 1983, and during the subsistence of the lease, the 1983 Rules stood repealed and the Orissa Minor Mineral Concession Rules, 1990, came into force. An identical question was raised before this Court in the case of Debasis Singh Samant v. State of Orissa, AIR 1993 Ori 11, and on an analysis of the different provisions of the 1990 Rules, and on consideration of the effect of Rule 33 of the said 1990 Rules, this Court came to the conclusion that levy should be made on minor minerals extracted from the lease area even in respect of an ex