2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.12/2000 M/s.Shubham Minerals and others Versus State of Rajasthan and others DATE OF ORDER --- August 20, 2009 PRESENT HON’BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Aditya Narain Sharma,for the petitioners Mr.G.S.Bafna, Advocate General BY THE COURT (1) By this writ petition, the petitioners have prayed for quashing the impugned order dated 11.10.1999(Anx.2) passed by the Collector (Stamps), Bharatpur and sought direction that the provisions of Article 63 as modified by Clause 20 of Sec.3 of the Rajasthan Finance Act, 1977 may be declared ultra vires, with the further prayer that the provisions of Article 55 of the Rajasthan Stamp Act,1998 may kindly be struck down being discriminatory. The petitioners have also prayed that the Sub Registrar, Karauli may be directed to register the instrument dated 15.10.1998. (2) In this case, interim order was passed by this Court on 12.3.2001 to deposit 50% of the amount assessed by the authorities, within thirty days. Counsel for the petitioners submits that the said 50% amount has been deposited. (3) During the pendency of the writ petition, further 2 development has taken place that the State Government has issued a notification dated 29th March, 2001 (Anx.12)for determining the stamp duty on the renewal of mining lease/quarry licence @ 11%, the stamp duty will be payable @ 11% by calculating double amount of dead rent, earnest money and other expenses. (4) Counsel for both the parties submit that in view of the aforesaid notification dated 29.3.2001, the issue may be remanded back to the authorities concerned to examine the applicability of the notification with regard to the lease pending registration. (5) In view of the above, the impugned order dated 11.10.1999 (Anx.2) is quashed and set aside and the matter is remanded back to the Sub Registrar to take into consideration the notification dated 29th March, 2001 and decide the issue afresh. In case the petitioners are aggrieved by the order of the Sub Registrar, then they will be at liberty to file another writ petition. (6) The writ petition is disposed of as indicated above. (Prem Shanker Asopa)J.