LUCKY MINMATE PVT LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a plaintiff's appeal from a judgment and decree of the District Judge, Jaipur City, made on September 19, 1980, whereby that learned judge dismissed the plaintiff's suit with costs.

(2.) THE suit which was dismissed as aforesaid was brought by Lucky Minmate Private Ltd. , through its Managing Director, Vishnu Kumar Modi (hereafter called the plaintiff) against the State of Rajasthan (hereafter called the defendant) for a declaration to the effect that the notice dated, March 4, 1978, issued by the defendant to the plaintiff is illegal and void, and for a perpetual injunction restraining the defendant from realising from the plaintiff any amount by way of prospecting charges and from cancelling the mining lease granted to the plaintiff earlier.

(3.) FROM the pleadings of the parties, the trial court stated the following issues : (1) Whether the notice, dated March 3, 1978, issued to the plaintiff by the State Government is illegal and void ? O. P. P. (2) Whether the plaintiff is entitled to a perpetual injunction restraining the defendant from realising from the plaintiff the amount of Rs. 1,45,766. 63 and from cancelling the mining lease ? O. P. P. (3) Whether the impugned notice does not give rise to any cause of action to sustain the present suit and the same is therefore not maintainable ? O. P. D. (4) Whether the court-fees paid by the plaintiff is insufficient ? O. P. D. (5) Relief ?