R.R.YADAV, J. - (1.) THE petitioner has filed the instant writ petition seeking a relief for quashing the order dated 8.9.92 Annx. 3 to the writ petition enhancing the dead -rent from Rs. 6500/ - to Rs. 25,000/ - per annum.
(2.) FACTS of the present case are not disputed between the parties. Admittedly, the petitioner was granted a mining lease for mineral Marble in village Ambay Tehsil Dhariawad District Udaipur for an area measuring 100 x 100 Mts. by order dated 24.3.92 Annx. 1 to the writ petition. It is evident from the order dated 24.3.92 Annx. 1 to the writ petition that the annual dead -rent was fixed at the rate of Rs. 6,500/ -per annum which was liable to be revised after five years in accordance with the provisions of Sub -rule (3) of Rule 18 of the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter referred to as 'the Rules of 1986).
(3.) IT . appears that the State Government vide its Notification dated 10.6.92 amended the rates of dead -rent contained in Schedule II appended to the Rules of 1986 in exercise of the powers conferred under Sub -rule (3) of Rule 18 of the Rules of 1986. The rate of dead -rent for Marble was revised by the State Government vide Notification dated 10.6.92 from Rs. 6,500/ - to Rs. 25,000/ - per annum for an area measuring 100 x 100 Mts. This enhancement has been made w.e.f. 10.6.92 by computing the dead - rent at the rate of Rs. 25/ - per 10 Sq. Mts. whereas the rate of dead -rent mentioned in the lease Agreement Annx.2 to the writ petition was levied at the rate of Rs. 6/ - per 10 Sq.Mts.;