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2022 Supreme(Jhk) 1038

RAVI RANJAN, SUJIT NARAYAN PRASAD
D. M. Minerals Private Limited, through its Director Shantanu Joshi, son of Ram Gopal Joshi – Appellant
Versus
Union of India through Secretary, Ministry of Mines – Respondent


Advocates Appeared:
For the Petitioners: Mr. Indrajit Sinha, Mr. Ankit Vishal.
For the Respondents: Mr. P.A.S. Pati, Mr. Piyush Chitresh, Mr. Rajiv Sinha, A.S.G.I.

JUDGMENT :

[Sujit Narayan Prasad, J.]

1. Both these writ petitions since having the same issue, as such, have been heard together and are being disposed of by this common judgment/order.

2. Both the writ petitions have been filed under Article 226 of the Constitution of India praying for the following reliefs :

    “(a) For issuance of an appropriate writ(s), order(s) or direction(s) declaring that part of the notification no. Kha.Ni.(Niti)-04/2018-1509/M dated 16.09.2019 (Annexure-4) published in the Jharkhand Gazette Extraordinary no.730 dated 19.09.2019 issued by the Department of Mines & Geology, Government of Jharkhand, as unconstitutional and ultra vires by which the rate of dead rent for China Clay has been enhanced to Rs.40,000/- per acre/year;

(b) Upon declaring that part of notification no. Kha.Ni.(Niti)- 04/2018-1509/M dated 16.09.2019 published in the Jharkhand Gazette Extraordinary no.730 dated 19.09.2019 as unconstitutional an ultra vires be further pleased to quash and set aside the same and consequently restrain the respondents from giving effect to or acting pursuant to

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