JUDGMENT 1. 1. The petitioner was granted mining lease by the Mining Engineer, Bikaner, for the period of five years with effect from 28.6.68 to 27.6.73 for excavation of minor mineral known as Fullers Earth. In pursuance to the order passed by the Mining Engineer granting lease in favour of the petitioner, the lease deed Ex.1 was, also executed for a term of five years. The dead rent for this lease was fixed at Rs. 97,000/-. This lease was renewed for a further period of five years with effect from 28.6.73 to 27.6.78 vide order dated 15.1.75 and the dead rent fixed for this period was Rs. 1,07,777/-. Later on, vide order dated 8.4.77, the lease was extended for a period of ten years instead of five years, as already renewed vide order dated 15.1.75 and the period for the lease was w.e.f. 28.6.73 to 27.6.83. While extending this period vide order Ex.2 dated 8.4.77, the amount of dead rent was not fixed. After renewal of the lease in favour of the petitioner, the Minor Mineral Concession Rules, 1977 (for short, 'the Rules, 1977') came into force and on 30.8.79, the Office Order Ex. 3 was issued, by which a formula for determination of dead rent at the time of renewal was prescribed and it was prescribed that at the time of renewal or for revising the dead rent at the end of first five years of the lease, in case of mining lease granted under the Rules, 1977, an increase of 40% from the existing dead rent plus minimum of the excess royalty paid in the preceding four years, will be taken note of. In pursuance to the revised formula provided under the Act for determination of the dead rent at the time of renewal of the mining lease, the Mining Engineer, vide order Ex. 4 dated 11.3.80, fixed the dead rent with respect to the lease of the petitioner @ 1,51,112/- with effect from 28.6.78 and, also, directed the petitioner to make payment of Rs. 75,836.25p. as the balance of the amount for the period from 28.6.78 to 27.3.80. 2. The petitioner, after receipt of this notice Ex. 4, wrote a letter Ex. 4 dated 11.3.80, fixed the dead rent with respect to the lease of the petitioner @ 1,51,112/- with effect from 28.6.78 and, also, directed the petitioner to make payment of Rs. 75,836.25p. as the balance of the amount for the period from 28.6.78 to 27.3.80. 2. The petitioner, after receipt of this notice Ex. 4, wrote a letter Ex. 5 to the Mining Engineer, Bikaner, stating therein that no amount is outstanding against him and the dead rent has arbitrarily been fixed and no decision has been taken in this regard by the State Government until now for enhancement of the dead rent. The State Government, vide letter dated 23.3.80 (Ex. 4) intimated the petitioner that the dead rent relating to the mining lease with the petitioner has been fixed at Rs. 1,51,110.80p. with effect from 28.6.78. The petitioner thereafter submitted a representation to the Commissioner, Industries and Mines Department, Rajasthan, Jaipur, challenging the fixation of the dead rent and he, also, submitted an application under Rule 54 of the Rules, 1977 before the State Government for rectification of the order dated 22.3.80. The representation made by the petitioner against the order dated 22.3.80 was dismissed and the stay order passed in favour of the petitioner was vacated and he was informed regarding the result of his representation vide letter dated 29.3.83. The petitioner, by this writ petition, has challenged the enhancement of the dead rent. 3. It is contended by the learned counsel for the petitioner that the dead rent cannot be enhanced with retrospective effect. It has further been contended by the learned counsel for the petitioner that the extension of the mining lease for ten years was made in favour of the petitioner on 8.4.77 and the Rules, 1977 came into force with effect from 10.6.77 and, therefore, as per the provisions of the Rules, 1977, which were not in force at the time of renewal the dead rent should not have been enhanced. It has, also, been submitted by the learned counsel for the petitioner that even if it is presumed that the dead rent can be enhanced then that can be done after lapse of five years at the time of renewal of the mining lease. Learned counsel for the respondents, on the other hand, have supported the order passed by the respondents. 4. Learned counsel for the respondents, on the other hand, have supported the order passed by the respondents. 4. We have considered the submissions made by the learned counsel for the parties. 5. The same controversy cameup for consideration before the Division Bench of this Court in Amarjeet Singh Vs. The State of Rajasthan & Others, 1990(2) RLR 457 = 1990 (2) RLW 205 and the Division Bench of this Court, after considering the law on the point, held that the competent authority while exercising the powers under the Second Proviso to Section 15 of the Act, has no authority to revise the dead rent from the back date. It has further been observed by the Division Bench that inability to finalise the assessment relating to royalty would not confer any power on the competent authority to revise the dead rent after the lapse of four years during the current span on the basis that the assessment of the royalty of first four years could not take place earlier. The Division Bench, therefore, quashed the demand created in respect of the earlier four years, as, according to the Division Bench, the respondents were not entitled to demand the dead rent at the revised figure retrospectively. 6. The judgment of the Division Bench in Amarjeet Singh's case, fully applies to the facts and circumstances of the case and it is held that so far as the period prior to 22.3.80 is concerned, the petitioner is liable to pay dead rent 0 Rs. 1,07,777/- per year and after 22.3.80, he is liable to pay the dead rent Rs. 1,51,110.80p. per year as the Rules, 1977 authorise the respondents to enhance the dead rent on the basis of the formula prescribed in the Rules and the Schedule prospectively only. 7. The writ petition, filed by the petitioner, is, therefore, partly allowed and it is held that the petitioner will be liable to pay the dead rent at the revised amount with effect from 23.3.80 and so far as the earlier period is concerned, he will be liable to pay the dead rent according to the provisions of the old Rules, i.e., @ Rs. 1,07,777/- per year. The excess amount of dead rent, if paid by the petitioner, shall be refunded to him.Petition Partly Allowed. *******