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in the case of arnit das vs. state of bihar, 2000 (5) scc 488, while examining the binding effect of such a decision, this court observed thus:- a decision not expressed, not accompanied by reasons and not proceeding on a conscious consideration of an issue cannot be deemed to be a law declared to have a binding effect as is contemplated by article 141. that which has escaped in the judgment is not the ratio decidendi. this is the rule of sub silentio, in the technical sense when a particular point of law was not consciously determined. thus we have no difficulty in holding that by virtue of entry 54 of union list to the seventh schedule of the constitution of india, the parliament enacted the mines and minerals (development and regulation) act, 1957 (hereinafter referred to as the act) to provide for the development and regulation of mines and minerals under the control of the union. section 15 of the act provides that the state government may make rules for regulating the grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals and for purposes connected therewith. in exercise of powers conferred under the aforesaid section, the government of uttar pradesh made rules called the uttar pradesh minor minerals (concession) rules, 1963 which were published in the u.p. gazette on 14.9.1963. expression minor minerals was defined under rule 2(7) of the rules which reads thus:- mines and minerals (regulation and development) act, 1957 (act no. 67 of 1957). chapter iii provides for payment of royalty and dead rent. under rule 21 of the rules, which is under chapter iii, a holder of mining lease is required to pay royalty in respect of any mineral removed by him from the leased area at the rates for the time being specified in the first schedule appended to the rules. on 25.11.1993 an amendment was made whereby granite sized dimensional stone was incorporated in item (5) of the schedule as (v). conditions of mining leases have been enumerated in chapter v and chapter vi prescribes procedure for grant of mining permit. in the original rules there were 71 rules. thereafter on 27.8.1994 by 20th amendment rules 72 to 79 were inserted in chapter viii of the rules out of which rule 72 may be referred to which reads thus:- chapter iv by way of auction/tender/auction-cum-tender when state government by special or general order declare that the area in question could be leased out by auction or by tender or by auction-cum-tender, as provided in rule 23. the procedure for grant of lease by auction is provided under rule 27. rule 24 empowers the state government to withdraw any area which had been declared under sub-rule (1) of rule 23 and once the area is withdrawn under rule 24, then the procedure prescribed in chapter ii for grant of mining lease becomes applicable. thus the procedure provided under chapter ii of the rules being the normal procedure, chapter iv is an exception to the same. it may be useful to quote rules 23 and 24 hereunder which are under chapter iv:-
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