LAWS(ALL)-2021-3-165

SHAMBHU NATH YADAV Vs. STATE OF UTTAR PRADESH

Decided On March 25, 2021
SHAMBHU NATH YADAV Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Shri Vishnu Pratap and Sri Vishesh Kumar, learned Counsel appear on behalf of petitioner. Shri Pradeep Kumar Tripathi, learned Standing Counsel appears on behalf of State-respondents.

(2.) Petitioner take exception to Circular No. 648/ Vernacular Language 2019 dtd. 29/7/2020, which provides for a procedure for computing and determining the rate of royalty in respect of leases granted under Chapter-II prior to Government Order dtd. 12/12/2017.

(3.) The petitioner was granted the quarry lease for sand stone in the year 2016 under Chapter-II of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963 @ Rs.65,000.00 per hect. amounting to Rs.40,62,500.00 for ten years. The petitioner thus had to pay Rs.4,06,250.00 per year as dead rent as per schedule appended therewith. Furthermore, the petitioner under the agreement is required to pay royalty on extra excavated minerals according to the rate of royalty provided under Schedule I of the Rules of 1963.