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1976 (11) TMI 195 - SC - Indian Laws

Issues involved: Dismissal of petition under articles 226 and 227 of the Constitution of India by Rajasthan High Court regarding royalty demand for mining gypsum ore.

Judgment Summary:

The appellant leased land for mining gypsum ore and was demanded royalty at a specific rate per tonne based on the mineral's purity. Appellant claimed the gypsum contained less than 85% CaSO42H20, while respondents argued analysis reports were not provided to support this claim. Central Government upheld the royalty rate decision. The High Court dismissed the petition citing factual disputes and the availability of alternative remedies. The Supreme Court concurred with the High Court's decision, emphasizing that the gypsum's purity was a factual issue. Appellant's parallel pursuit of remedies was also noted, with the appellant's suit being dismissed in default but with a possibility of restoration. The appeal was ultimately dismissed without costs.

 

 

 

 

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