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2023 Supreme(Jhk) 987

SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Central Coalfields Limited, through its Project Officer, Kargali Washery Sri Achindra Lal Singh, son of Mahadeo Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. Amit Kumar Das, Mr. Shivam Utkarsh Sahay.
For the Respondents: Mr. Jai Prakash, Mr. Rishi Kr. Verma, Mr. Gaurang Jajodia.

JUDGMENT :

(Sujit Narayan Prasad, J.)

1. These writ petitions are under Article 226 of the Constitution of India praying for quashing of the demand letters passed by the District/Assistant Mining Officer, whereby and whereunder, the demand has been raised on account of additional royalty along with the interest.

2. The brief facts of the case as per the pleading made in the writ petitions which are common in nature and requires to be enumerated, read as under:

The writ petitioner-company is engaged in the mining and sale of coal for which the writ petitioner company has acquired several mines. Consequently, the writ petitioner company has acquired lands through Coal Bearing Area (Acquisition and Development) Act, 1957 for the purpose of developing Mines and other establishments connected with the Mines.

It is the case of the writ petitioner that the coal which is being mined by the writ petitioner-company in the said mines is a specified mineral and therefore, the rate of royalty is being determined and revised by the Central Government from time to time and in absence of any special rate for washed coal notified by the Central Government in exercise of their powers under Section 9

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