LAWS(RAJ)-2003-3-18

AMITA SHEKHAWAT Vs. STATE OF RAJASTHAN

Decided On March 06, 2003
AMITA SHEKHAWAT Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties finally on their requests.

(2.) The petitioner has challenged the order dated 14-2-2002 by which demand of Rs. 3,66,630.00 has been raised against the petitioner against the dead rent for mining lease granted to the petitioner.

(3.) Learned counsel for the petitioner submitted that earlier certain demands were raised against the petitioner, which was challenged by the petitioner by filing SBCW No. 2127/2000 wherein interim order was passed by the Hon'ble High Court on 7/07/2000 and the execution and implementation of the orders dated 22-12-99 (Annex. 4), 28-2-2002 (Annex. 5) and 18-4-2000 (Annex. 6) were stayed by the Court. The writ petition was decided by order dated 7-2-2001. It appears from the order dated 7-2-2001 that both the parties agreed before the Court that controversy involved in the writ petition No. 2127/2000 is squarely covered by the judgment and order passed by this Court in the writ petition of Smt. Rajbai Dangi v. State of Rajasthan (S. B. Civil Writ Petition No. 2031/1996 decided on 17-1-2000). The petition of the petitioner was disposed of in the light of the judgment and order and the notices referred above were quashed. However, the Court directed the competent authority to re-determine the dead rent after hearing the petitioner and further directed to determine the dead rent strictly in accordance with law and after considering the judgment of this Court given in Amarjeet Singh v. State of Rajasthan, reported in (1990) 2 Raj LR 457. After the decision dated 7-2-2001 the impugned order dated 14-2-2002 was passed by the competent authority.