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1976 (11) TMI 195

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..... against the order of the Rajasthan High Court dismissing in limine the petition under articles 226 and 227 of the Constitution of India, field by the appellant against the Union of India, the State of Rajasthan and two others, praying for quashing the demand made from the appellant in respect of royalty. The appellant took on lease 180 acres of land from the Government of Rajasthan on June 18, .....

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..... t and above CaSO42H20 and at the rate of 75 paise per tonne of gypsum containing less than 85 per cent of CaSO42H20. Royalty was demanded from the appellant in respect of gypsum won by him at the rate of ₹ 1.25 per tonne. The case of the appellant, however, is that the gypsum which was won by him contained less than 85 per cent of CaSO42H20. As against that, the stand taken by the resp .....

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..... opinion, be any doubt on the point that the extent of purity of the gypsum won by the appellant is a question of fact. It has also been brought to our notice that after the dismissal of the writ petition by the High Court, the appellant has filed a suit, in which he has agitated the same question which is the subject matter of the writ petition. In our opinion, the appellant cannot pursue two para .....

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