MISHRI KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of these writ petitions, the petitioners have challenged the vires of Rule 48 of Rajasthan Minor Mineral Concession Rules, 1986 (for short "the Rules of 1986"), which inter alia provides for penalties for unauthorised mining operation. The petitioners have also questioned the demand notices issued by the Mining Engineer for recovery of cost of the mineral unauthorisedly excavated computed as ten times the royalty payable at the prevalent rates as provided for under first proviso to sub-rule (5) of Rule 48 of the Rules of 1986.

(2.) These two petitions involving the common issues, were heard together and are being decided by this common judgment.

(3.) To appreciate the issues raised, the facts relevant may be summarised thus: