DALJEET SINGH Vs. COMMISSIONER CHITRAKOOT DHAM MANDAL BANDA

JUDGEMENT

(1.) HEARD Counsel for the petitioner and the learned Standing Counsel.

(2.) BY this writ petition, the petitioner has prayed for quashing of the order dated 25 -10 -2002 passed by Commissioner, Chitrakoot Dham, Mandal, Banda and the order dated 12 -6 -2001 passed by Collector, Mahoba. Petitioner is a holder of mining lease. In pursuance of the mining lease he has excavated and removed mineral in accordance with U.P. Minor Minerals (Concession) Rules, 1963. Petitioner's case is that till Month of March, 2001, the royalty was Rs. 20 per cubic metre and from 1 -4 -2001 it was enhanced from Rs. 20 to 30 per cubic metre.

(3.) THE Counsel for the petitioner contended that Form MM -11 which has been used by the petitioner between 12 -4 -2001 to 30 -4 -2001 was issued prior to 31 -3 -2001, hence, royalty can be changed only at the rate of Rs. 20 per cubic metre.