AIR 1984 ANDHRA PRADESH 270

Andhra Pradesh High Court

Hon'ble Judge(s): P. A. Choudary , J

(A) Andhra Pradesh Minor Mineral Concession Rules (1966) , R.10(1)— Dead rent - Petitioner mining under quarrying lease - Dead rent paid in terms of lease - Renewal of lease sought but pursuant to interim order of High Court petitioner continuing mining - Court order impliedly imposes terms and conditions of earlier lease voluntarily agreed to by petitioner - Petitioner hence liable for dead rent during mining done after expiry of earlier lease. AIR 1972 Punj and Har 356 (FB), Distinguished. (Para 6) (B) Andhra Pradesh Minor Mineral Concession Rules (1966) , R.10(1)— Dead rent - Rule 10 is not beyond the rule-making power of State Government. Constitution of India , Art.294, Sch.VII List II Item.23, Sch.VII List I Item.54— Mines and Minerals (Regulation and Development) Act (67 of 1957) , S.15, S.13— Rule 10 (1) providing for collection of dead rent from lessees of minor minerals is not beyond rule-making power of State Govt.(Para 7) Schedule 7, List 2, Item 23 reserves minerals situated in a State to belong to that State Government. But that Item 23 is subject to Sch. 7, List 1, Item 54 of the Constitution. That means the State power to legislate on mines and minerals particul....