SHUBHAM MINERALS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioners have prayed for quashing the impugned order dated 11. 10. 1999 (Anx. 2)passed by the Collector (Stamps), Bharatpur and sought direction that the provisions of Article 63 as modified by clause 20 of Sec. 3 of the Rajasthan Finance Act, 1977 may be declared ultra vires, with the further prayer that the provisions of Article 55 of the Rajasthan Stamp Act,1998 may kindly be struck down being discriminatory. The petitioners have also prayed that the Sub Registrar, Karauli may be directed to register the instrument dated 15. 10. 1998.

(2.) IN this case, interim order was passed by this Court on 12. 3. 2001 to deposit 50% of the amount assessed by the authorities, within thirty days. Counsel for the petitioners submits that the said 50% amount has been deposited.

(3.) DURING the pendency of the writ petition, further development has taken place that the State Government has issued a notification dated 29th March, 2001 (Anx. 12)for determining the stamp duty on the renewal of mining lease/quarry licence @ 11%, the stamp duty will be payable @ 11% by calculating double amount of dead rent, earnest money and other expenses.