NARENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner against the order dated 07.09.1999 passed by the State Government, whereby the revision petition preferred by the petitioner under Rule 47 of the Rajasthan Minor Mineral Concession Rules, 1986 (for short 'the Rules of 1986' hereinafter) has been dismissed. The aforesaid revision petition was preferred by the petitioner against the order passed by respondent No.3 - the Assistant Mining Engineer, Sojat City, whereby it had revised the dead rent from Rs.6500/ - to Rs.41,117/ - per annum for a mining lease allotted in the name of father of the petitioner.

(2.) IN this writ petition, the petitioner has contended that the Mining Engineer illegally revised the dead rent with retrospective effect, whereas as per the judgment passed by the Division Bench of this Court in Amarjeet Singh vs. State of Rajasthan & Anr., reported in RLR 1990(2) 457, the respondent -mining department cannot charge revised dead rent from retrospective date.

(3.) IN para 5 of reply to the writ petition, the respondents have averred as under: