SUBASH RUKMAYYA GUTTEDAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) As common questions of law and fact arise in these petitions, the same are heard together. The respondents have also filed the statement of objections.

(2.) The only question that arises for consideration in these petitions is as to whether the State Government is entitled to demand and recover royalty in respect of a minor mineral permitted by the State Government to be removed by the petitioners for using the same in execution of the work entrusted to them by the State Government under the contract entered into by their with the State Government.

(3.) Royalty is demanded from the petitioners at the rates specified in the schedule to the Karnataka Minor Mineral Concession Rules, 1969 as amended by the Karnataka Minor Mineral Concession (Amendment) Rules, 1986 (hereinafter referred to as the 'Rules'). These Rules are made in exercise of the powers conferred by Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as the 'Act').