PUSHPENDRA SINGH BHATI,J. - (1.) The common impugned order dated December 08, 2006, which is under challenge in the instant appeals, was passed by the learned Single Judge deciding S.B. Civil Writ Petitions No. 1161/2003, 1197/2003 and 102/2005.
(2.) The writ petitioners were to collect excess royalty from Salumber, Rajsamand and Kherwada and the contractual period for such collection was April 01, 2001 to March 31, 2003 and April 01, 2003 to March 31, 2005 respectively. The Hon'ble Supreme Court passed an order dated October 30, 2002 pertaining to the Aravali Area and suspended the mining operations in such area. The excess royalty for mineral Bajri being under the interim order of the Hon'ble Apex Court, resulted into losses to the writ petitioners, who sought relaxation on the ground of such collection of excess royalty.
(3.) Learned counsel for the appellant-State submitted that the terms of the agreement were binding upon the respondents/writ petitioners and since they had accepted the agreement with open eyes, therefore, it was not open for them to challenge the same at this juncture. Learned counsel for the appellant-State also submitted that the condition in the contract is as follows:- ...[VERNACULAR TEXT OMITTED]... ;