- (1.) Both the writ petitions, instituted by the petitioners, project a challenge to Rule 37(A)(xvi) of the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter referred to as the 'Rules of 1986', for short) being ultra-vires to Article 14, 19(1)(g) of the Constitution of India and Section 56 of the Indian Contract Act, 1874, and therefore, are being adjudicated upon by this common judgment and order. The petitioners, in the alternative, have prayed for an appropriate writ, order or direction to quash and set aside the orders dated 8th March, 2013, 31st March, 2013 and 25th September, 2013. In D.B. Civil Writ Petition No.19947 of 2013, the petitioner has also prayed for refund of an amount of Rs.60,00,000/- (Rupees Sixty Lacks Only) with interest @ 12% per annum.
(2.) Briefly, the essential material facts necessary for adjudication of the controversy are: That the petitioner was granted a royalty collection contract for 'Bajri' (sand) excavated from flow area of Banas river and Nallahs within the revenue boundaries of Tehsil and District Sawaimadhopur, for a period of two years. The terms and conditions of the contract, entered into between the State Government and the petitioners on 23rd March, 2011 and 2nd July, 2011, were reduced to writing. A specific condition 3(xvi) was incorporated in the contract (Annexure-1), to the effect that in the event of cancellation/surrender of leases or sanctioning of new leases/revision of 'dead rent' of existing leases, in the area concerned, shall not have any impact on yearly contract amount. On 30th March, 2012 in D.B. Civil Writ Petition Number 4250 of 2012 (Villagers of Chandgarh, Tehsil Kothadi, District Bhilwara v. State of Rajasthan), an injunction was granted on excavation of Bajri (sand) from the riverbeds of Banas river and the petitioners were directed to stop collection of royalty or permit fee, only for the period with effect from 1st April, 2012 to 18th April, 2012.
(3.) The petitioners are aggrieved of the demand notice(s) dated 8th March, 2013 and 31st March, 2013, calling upon the petitioners to deposit the due amount for the period of 18 days i.e., with effect from 1st of April, 2012 to 18th April, 2012. The demand is sustained in view of Rule 37(A)(xvi) of the Rules of 1986 as well as in view of Condition 3(xvi) incorporated in the contract entered into between the State Government and the petitioner (Annexure-1).;