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ITEM NO.101 COURT NO.7 SECTION XV

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Civil Appeal No(s). 4632/2009

STATE OF RAJASTHAN & ORS. Appellant(s)

VERSUS

ASSOCIATED STONE INDS., KOTAH LTD. & ANR. Respondent(s)

Date : 01-12-2022 This appeal was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA

HON'BLE MR. JUSTICE SUDHANSHU DHULIA

For Appellant(s)

Mr. Manish Singhvi, Sr. Adv.

Mr. Milind Kumar, AOR

Mr. Arpit Prakash, Adv.

Mr. Vikalp Sharma, Adv.

For Respondent(s)

Mr. Wasim Qadri, Adv.

Ms. Sunita Sharma, Adv.

Ms. Ruchi Kohli, Adv.

Ms. Shreya Jain, Adv.

Mr. G.S. Makkar, AOR

Mr. Puneet Jain, Adv.

Ms. Christi Jain, Adv.

Mr. Yogit Kamat, Adv.

Ms. Shipra Singh, Adv.

Ms. Pratibha Jain, AOR

Mrs. Anil Katiyar, AOR

UPON hearing the counsel the Court made the following

O R D E R

The appellant- The state of Rajasthan would file an affidavit

whether the letter/communication dated 13.08.1975 was issued by the

State Government under the Rule 17 (1) (c) of The Rajasthan Minor

Digitally signed by

BABITA PANDEY

Date: 2022.12.03

14:11:06 IST

Reason:

Signature Not Verified

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Mineral Concessions Rules, 1959 (Rules). The relevant file notings

along with the relevant procedure prescribed and applicable at the

time, would be enclosed and elucidated in the affidavit.

The second question which arises for consideration would be

the effect of non-publication of the communication in the official

gazatte,

if

the

State

Government

claims

that

the

letter/communication is a notification under Section 17 (1) (c) of

the Rules.

The third issue, which arises for consideration relates to the

modification of terms of the contract by in view of the amendments

in the Rules.

Dehors the three issues, the core aspect which would require

examination is whether the delegators - State loses its rights to

prescribe the rate of royalty in view of the Rule 42 read with

Schedule- III of The Rules.

The said affidavit would be filed within a period of four

weeks.

Rejoinder/response, if any, would be filed within a period of

two weeks.

Not to be treated as part heard.

Re-list in the month of January, 2023.

(BABITA PANDEY) (KAMLESH RAWAT)

COURT MASTER (SH) COURT MASTER (NSH)