RANGI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is directed against the order of the State Government dated Dec. 13, 1971, whereby a penalty was imposed on the petitioner for not depositing the dead rent within time. The petitioner carries on the business of quarrying mines. Lease was granted for a period of 3 years with effect from Nov. 26, 1959 to November 25, 1962 for carrying on the business of quarrying mines in villages Dundapura, Gadhi Ka Gaon, Harnagar, Bichpuri, Saseri and Karauli Kasba. This lease was renewed for another term of 3 years with annual dead rent of Rs. 65,300/-. The lease was again renewed for another 3 years on annual dead rent of Rs. 97,800/-. For the third time the lease was renewed for the period of 5 years with effect from November 26, 1968 to Nov. 25, 1973 on annual dead rent of Rs. 1,30,400/-. A security deposit amounting to Rupees 72,600/- was deposited by the petitioner at the time of third renewal.

(2.) A formal deed of agreement was executed between the petitioner and the State of Rajasthan in respect of the third renewal in accordance with the standard form of mining lease for minor mineral. It appears that the petitioner was called upon to deposit the dead rent; and according to the State Government, as the dead rent was not deposited within the stipulated time penalty in terms of the order dated Dec. 13, 1971, was imposed.

(3.) A demand for Rs. 31,803.90 was created vide Ex. P/2 dated Oct. 18, 1970. Vide Ex. P/1 dated Nov. 2, 1970, a demand for Rs. 72,077.01 was created. Vide Ex. P/3 dated Jan. 6, 1971, a demand of Rs. 74,152.71 was created.