JUDGMENT

AMITAVA ROY, J.

Leave Granted.

2. Vexed by the determination thereby limiting the application of the Notification SS-2/MM-11/2001-2361.../M dated 26.12.2001 to the date of issuance thereof, for the purpose of realizing royalty in respect of the minerals mentioned therein @ Rs. 100/- per cubic meter, otherwise prescribed by the Notification dated 24.03.2001 notifying the Bihar Minor Mineral Concession (Amendment) Rules, 2001, the State of Bihar and its concerned functionaries are in appeal seeking redress. The impugned judgment and order dated 21.08.2009 is common in both the appeals and consequently, marginal variation in the contextual facts notwithstanding, the legal issues raised are the same, permitting analogous disposal of the proceedings in hand.

3. We have heard Mr. Gopal Singh learned counsel for the appellants and Mr. Sunil Kumar, learned counsel and Mr. Nagendra Rai, learned senior counsel for the respondents in appeals corresponding to S.L.P. (C) Nos. 3652 of 2010 and 3653 of 2010 respectively.

4. The facts, as construed to be germane for the adjudication, fall