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1998 Supreme(SC) 373

G.B.PATTANAIK, J.JAGANNADHA RAO
Ramasrey – Appellant
Versus
Dy. Director Consolidation Distt. Fatzabad – Respondent


ORDER

1. This appeal is directed against the judgment and order of the High Court of Orissa dated 27-1-1976.

2. After hearing learned counsel for the parties, we find no merit in the appeal as we find no error in the High Courts interpretation of Section 9 of the Mines and Minerals (Regulation and Development) Act, 1957 as it existed prior to its amendment in 1972. The appellant is, therefore, liable to pay royalty for the coal supplied to its workmen for consumption prior to the pay royalty for the coal supplied to its workmen for consumption prior to the amendment of Section 9.

3. The appeal fails and is accordingly dismissed. There will be no order as to costs.

4. Interim order stands discharged.

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