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2022 Supreme(Jhk) 163

RAJESH SHANKAR
Prahlad Das Mohta – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Shankar Lal Agarwal.
For the State : M/s. Rajiv Ranjan, A.G., Mohan Kumar Dubey, A.C. to A.G. & Deepak Kumar Dubey, A.C. to A.A.G.II.

JUDGMENT :

1. This case is taken up through video conferencing.

2. The present batch of writ petitions have been preferred for quashing the demand notices issued against the petitioners, whereby penalty has been levied against them, alleging that they were running brick kilns without obtaining no objection certificate/licence from the concerned district mining office. The petitioners have also sought direction to the respondents to refund the amount paid by them under Rule 2 of the Mines and Minerals (Contribution to District Mineral Foundation) Rules, 2015.

3. The impugned notices and the mode of calculation of penalty in the respective writ petitions are reproduced herein below for ready reference:-

Case No.

District

Impugned letters

Mode of calculation of penalty

W.P.(C) No. 5639 of 2019

West Singhbhum, Chaibasa

Letter No. 834/M dated 05.09.2019

Pathai @ Per 1000 MP/Rs.500/-

W.P.(C) No. 5608 of 2019

West Singhbhum, Chaibasa

Letter No. 835/M dated 05.09.2019

Pathai @ Per 1000 MP/Rs.500/-

W.P.(C) No. 5609 of 2019

West Singhbhum, Cha

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