OM CONTRACTORS Vs. STATE OF U P

JUDGEMENT

(1.) BY way of this writ petition the petitioner has prayed for a writ, order or direction in the nature of certiorari quashing the impugned order dated 4. 10. 2007, passed by respondent No. 3 which is filed as Annexure-3 to the writ petition, by which the respondents have demanded royalty from the petitioner on the supply of Stones and similar relief in the nature of mandamus directing the respondents nottowith-hold payment of the petitioner in pursuance of the said letter.

(2.) WE have heard Sri I. P. Singh, learned Counsel for the petitioner and Smt. Sarita Singh, learned Standing Counsel appearing for respondents.

(3.) RULE 21 of U. P. Minor Minerals (Concessions) RULEs, 1963 also lays down provision for royalty which is quoted below: "21. Royalty.- (1) The holder of a mining lease granted on or after the commencement of these rules shall pay royalty in respect of any mineral removed by him from the leased area at the rates for the time being specified in the First Schedule to these rules. (2)The State Government may, by notification, in the Gazette amend the First Schedule so as to include therein or exclude therefrom or enhance or reduce the rate of royalty in respect of any mineral with effect from such date as may be specified in the notification : Provided that the State Government shall not enhance the rate of royalty in respect of any mineral for more than once during any period of three years and shall not fix the royalty at the rate of more than 20 per cent of the pit's mouth values. (3)Where the royalty is to be charged on the pit's mouth value of the mineral the State Government may assess such value at the time of the grant of the lease and the rate of royalty will be mentioned in the lease deed. It shall be open to the State Government to re-assess not more than once in a year the pit's mouth value, if it considers that an enhancement is necessary".