MAHENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS case has a very chequered history.

(2.) IT concerned recovery proceedings commenced somewhere in 1965 against respondent No. 4 Dau Dayal Mohta by the Mining Engineer of the State of Rajasthan. In response to Notification dated 29. 03. 1950 by submitting a tender for grant of mining rights in respect of mica in Udaipur and Bhilwara districts said Dau Dayal had submitted his tenders. In the said proceedings, respondent No. 4 was put in possession of Block No. 3 in part `a' as a result of sanctioning of the mining lease in favour of the applicant on terms contained in the order of sanction. Thereafter, he had submitted another application for grant of mining lease for an area 3 square miles on 4. 6. 52 which was allowed vide communication dated 10. 9. 57. In respect of demand on account of royalty payable under the two grants, some dispute was there about the liability to pay dead rent under the first grant. This led to filing of a writ petition No. 1197 of 1983 for the following reliefs: (1) an appropriate writ, direction or order be issued restraining the respondents from recovering the amount of the dead rent from the petitioner in respect of Block No. 3 of the mining area covered by Notification dated 6. 2. 51. (2) the respondents be restrained from proceeding against the petitioner's immovable property at Bikaner for the recovery of the said dead rent under the provisions of the Rajasthan Land Revenue Act, 1956.

(3.) THE aforesaid facts, which are matter of record, are also not in dispute.