SUNDER LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal has been preferred against the order of learned Single Judge of this court, dated 7. 11. 1983 in S. B. Civil Writ Petition No. 39/73, whereby the learned Single Judge observed that the only question which arises for consideration is as to what would be the deadrent for the period between 1972-77 for the mining lease in question which the appellant is supposed to pay the respondent. The learned Single Judge has observed in the impugned order that the petitioner had the alternate remedy of appeal available to him under Rule 43 (2) of the Rajasthan Minor Mineral Concession Rules, 1959 (hereinafter referred to as 'the Rules of 1959') framed under section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 which the appellant did not avail of. In that view of the matter the learned Single Judge was of the opinion that the contentions advanced by the learned counsel for the petitioner- appellant regarding the provision being ultravires, arbitrary discriminatory and violative of Article 14 of the Constitution of India, cannot be looked into. Consequently,the learned Single Judge disposed of the writ petition with no order as to costs.

(2.) BEING aggrieved by the aforesaid order, the appellant has preferred this appeal which came up for final hearing on the 3. 03. 1994.

(3.) WE have given our thoughtful consideration to the matter at issue and the contentions advanced by the learned counsel for the parties.