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2023 Supreme(Chh) 623

NARENDRA KUMAR VYAS
Ambuja Cements Limited – Appellant
Versus
State of Chhattisgarh, Through Its Secretary, Mines and Minerals Department – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ashish Shrivastava, Sr. Advocate with Mr. Aman Pandey.
For the State :Mrs. Hamida Siddiqui, Dy. Advocate General and Mr. Raghavendra Verma, Govt. Advocate.

ORDER :

1. The petitioner has filed this writ petition under Article 226 of the Constitution of India challenging the memo dated 6-8-2007 (Annexure P/13) and the notice dated 31-8-2008 (Annexure P/15) respectively passed by the Collector, Raipur by which the Collector Raipur has demanded payment of penal interest for alleged delay in payment of the outstanding amount of royalty on limestone to the tune of Rs.1,13,15,527/-.

2. The brief facts as reflected from the record are that the petitioner/Ambuja Cements Limited is a company registered under the provisions of Companies Act, 1956 having its unit at Bhatapara now District Baloda Bazar. Petitioner/company is involved in manufacturing of cement and for manufacturing cement limestone is required as raw material which is extracted from the mine leased to the company under the Mines and Minerals (Regulation and Development) Act, 1957 and the Mineral Concessions Rules 1956. The petitioner company has commenced its production in the year 1987 and due to certain financial constrains, the company has suffered loss, therefore, the compan

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