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2012 Supreme(Jhk) 738

PRAKASH TATIA, APARESH KUMAR SINGH
Bihar MICA Exporters Association H. R. Fireclay – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioner: M/s V. Shivnath, A.N. Gupta & Birendra Kumar(in 2195), M/s Biren Poddar, Darshan Poddar, Piyush Poddar(in 7), M/s S. Arun, D.K. Dubey(in 6342, 6402), M/s R.S. Mazumdar, Rohit Roy(in 2441, 6270), M/s P.K. Prasad, A. Aditya, R.K. Gupta(in 6244)
For the respondents: M/s Rajesh Shankar, G.A & Abhay Prakash (in all cases)

Order


Aparesh Kumar Singh, J. In these batches of writ petitions the petitioners have challenged the vires of “ Jharkhand Minerals Dealers Rules, 2007”, framed in exercise of powers conferred under section 23C(1)(2) of the Mines and Minerals(Development and Regulations)Act, 1957 by the State Government of Jharkhand vide notification dated 21.9.2007. The petitioners have also sought quashing of the consequential orders issued by the District Mining Officer under the Rules of 2007 directing the petitioners to obtain registration under the aforesaid rules. In the alternative the petitioners in W.P.C. No. 6244 of 2007 have sought for a declaration that the impugned Rules of 2007 does not apply to the business of the petitioners as they are governed by the provisions of the Bihar Mica Act, 1947 read with Bihar Mica Rules, 1948 as it is an occupied field under the relevant statutes passed by the said legislature over which the aforesaid Rules cannot apply. The petitioners have further prayed inter-alia for a direction upon the respondents restraining them from taking any coercive / penal action against the petitioners under the provisions of the Rules of 2007.

2. Petitioners under W.P.C.










































































































































































































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