BHERULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution by bhurulal against the State of Rajasthan and Itfangalram, praying for an order in the nature of prohibition in connection with certain dues which are being realized from the applicant as royaity.

(2.) The facts, which have led to this application, are these -- The applicant is a stone merchant, and purchases building stone from quarrymen of different quarries situate in Tahsil Nimbahera in district Chittorgarh. Thereafter, he sells these stones either in Nimbahera itself or in other parts of Rajasthan, and even beyond Rajasthan, Mangalram is a contractor appointed by the State of Rajasthan for collecting wnat is called royalty in connection with these quarries. Mangalram. holds a contract from the State of Rajasthan for this purpose as he offered the highest bid of Rs. 39,251/- for collection of royalty. According to the contract entered into between Mangalram and the State of Rajasthan, he is authorised to collect royalty on stones from the quarry-holders or from persons taking the stone from such quarry-holders at the rate specified in the schedule attached to the contract. The contract is valid for 3 years from 1-4-1954, to 31-3-1957. One of the terms prescribes that stone would be supplied free of royalty to bona fide cultivators who are able to produce a certificate to that effect from certain authorities. The rate prescribed in the schedule is of two kinds so far as the particular brand of stone with which we are concerned. There is what is called a general rate, and a rate for local use. The general, rate is Rs. 2/- per cart-load of stones where the cart is drawn by two bullocks, while the rate for local use for the same quantity of stone is Re. 1/-.

(3.) It is also said that in order to realize this royalty, the contractor has fixed Nakas (some kind of posts) round about the quarries, and he is realizing Re. 1/- for every bullock-cart drawn by two bullocks where the stone is for local use, and Rs. 2/where it is exported outside Nimbahera-Tahsil.