STATE OF RAJASTHAN Vs. OM PRAKASH

JUDGEMENT

(1.) HEARD learned counsel for the appellants. This matter was listed yesterday but none present on behalf of the respondents. The respondent assailed the orders dated January 29, 1983 and December 19, 1995 passed by Government of India before the learned Single Judge. Learned Single Judge vide order dated April 24, 1997 allowed the writ petition and demand of dead rent in the sum of Rs. 50,378/- shown in the order dated January 29, 1983 was reduced to Rs. 24,035/- and the appellants were directed to charge the dead rent accordingly and allow the respondent to operate mines for the lease period. It was also directed that if any excess amount was recovered from the respondent that shall be paid to the respondent with interest @ 12% p. a. The said order has been assailed by the appellants in the instant appeal. It appears that original lessee Guljari Lal Gupta had earlier filed a writ petition before this Court challenging the revision of dead rent and the said writ petition was dismissed by the learned Single Judge on May 4, 1995. The said writ petition was dismissed on the ground that alternative remedy of filing revision under 1957 act was available to the lessee. This fact was not considered by learned Single Judge.

(2.) IT also appears that dead rent had been revised by order dated January 29, 1983 for the period from April 1, 1981 to March 31, 1991 with a rider that the dead rent shall be revised after 5 years. The effective date for revision of the dead rent, therefore, was April 1, 1981 even though the rent was revised only by order dated January 29, 1983. On April 1, 1981 the revision of dead rent was done on the basis of administrative circular issued by the State Government laying down the principles on which the revision of dead rent was required to be made. Upto November 5, 1987, when the amendment in Rule 18 (3) of the Rajasthan Minor and Mineral Concession Rules, 1977 was made by the State Government, revision of dead rent was made on the basis of the afore-quoted administrative circular as there was no provision in the rules laying down the principles on which the dead rent was to be revised. Under the aforesaid circular, the formula for revision of dead rent was as under:- &nbsp&nbsp&nbsp&nbsp&nbsp" Dead rent + 40% of the existing dead rent + maximum royalty paid in any one of the last 4 years. "