GORDHAN DASS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed the present writ petition seeking a relief to quash the demand notice dated 28.8.88 Annx. 3 to the writ petition demanding dead -rent from 6.11.78 to 5.11.79 amounting to Rs. 8,745.35.

(2.) BRIEF facts necessary for disposal of the instant writ petition are that one Shri Govind Ram Khatri was granted a mining lease fro mining fullers earth near village Santhan Ki Dhani, District Barmer on 19.4.74. Shri Govind Ram and petitioner Gordhan Dass moved an application to the Government to grant sanction for the transfer of above mining lease in favour of petitioner. The sanction was accorded by the State Government with stipulations that Govind Ram Khatri will arrange settlement of royalty accounts and clear all the dues in respect of the present lease which may accrue till final transfer to Shri Gordhan Dass petitioner. There are stipulations in the sanction that since the transfer deed was to be executed between transferor and transferee an attested copy of the same duly registered should be submitted to the Government as well as to the Director of Mines and Geology, Rajasthan, Udaipur. The transferee Shri Gordhan Dass was to execute an undertaking on the stamp paper worth Rs. 5/ - to abide by the terms and conditions of the original lease agreement executed by Shri Govind Ram Khatri a copy whereof is filed and marked as Annx. 1 to the writ petition.

(3.) IT is evident from the averments made in the writ petition that for the period from 6.11.78 to 5.11.79, the petitioner was assessed for royalty at Rs. 29,743.50 and dead -rent at Rs. 22,000/ - and a sum of Rs. 7743.50 being over and above the dead - rent was paid by the petitioner, a copy whereof is filed and marked as Annx. 2 to the writ petition.