STATE OF KARNATAKA Vs. K M MADHUSUDHAN

JUDGEMENT

(1.) This group of Writ Appeals raises question relating to the power conferred on the State Government under S.15, Mines and Minerals (Regulation and Development) Act, (in short 'the Act') to levy dead rent in respect of minor minerals and in the event of existence of such power can the Rules framed affect existing leases in which the rate of dead rent payable by the concerned lessees had been specified; the validity of R.20(1)(2), Karnataka Minor Mineral Concession Rules, 1969, (in short 'the Rules') and the validity of Notification No. CI 194 MMN 83, dated 11-8-1983.

(2.) It is unnecessary in order to decide these appeals, to relate the facts of each case. It will suffice if we state broadly how these appeals have come to be filed. The respondents entered into agreements with the State Government for extraction of various types of minor minerals in the areas specified in the respective lease deeds. The different types of minor minerals extraction of which constitutes the subject matter are :

(3.) Before the learned single Judge the following points were urged on behalf of the writ petitions :-