SAMPAT LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was sanctioned a mining lease vide order dated 27. 8. 1982 (Annex. l) and Rs. 25,000/- was fixed as annual dead rent and the communication in this respect is Annex. 2 dated 27. 9. 82. THEreafter the area was demarcated and a lease agreement was executed on 4. 10. 1982 between the parties i. e. the petitioner and the State Government. This deed is Annex. 3. Thus, a concluded contract of lease came into existence on 4. 10. 1982. It was formally registered on 9. 11. 1982.

(2.) THE rates of dead rent were revised in respect of certain minerals on 1. 9. 1982 and the rate of Rs. 5/- per 10 square meters for mineral used for lime burning was prescribed. This order Annex. 4 is under challenge. THE cut off date by virtue of this order is 1. 9. 1982 and the petitioner challenges this order solely on the ground that the rates were earlier enhanced in the year 1980 and could not be enhanced for a further period for four years and in support of his contention reliance is placed on D. K. Trivedi and Sons and others etc. etc. Vs. State of Gujarat and other (1 ).

(3.) LEARNED counsel appearing for the respondents submits that the matter involves a contractual obligation and cannot be enforced by way of a writ petition. It is further said that the petitioner cannot be permitted to come out of his own undertaking whereby he himself had agreed to pay the revised dead rent at the rate of Rs. 68,000/- per annum. My attention has been drawn to Annex. 5 i. e. undertaking dated 3. 11. 1982 and the lease deed executed thereafter and registered on 6. 11. 1982. The petitioner, thus, argues the learned counsel, cannot back out from the undertaking.