JUDGMENT :

SUJIT NARAYAN PRASAD, J.

1. The intra-court appeal (LPA No. 630 of 2022) and writ petition [W.P. (T) No. 7247 of 2012] have been directed to be listed together on the submission of learned counsel for the petitioner in W.P. (T) No. 7247 of 2012 that similar issue concerning the same petitioner is involved in L.P.A. No. 630 of 2022 (instant appeal), as would be evident from order dated 30.01.2023 passed in W.P. (T) No. 7247 of 2012, which has been taken note of in order dated 6th November, 2023 passed in LPA No. 630 of 2022.

2. Since the issue raised in L.P.A. No. 630 of 2022 and W.P. (T) No. 7247 of 2012 are inter-linked, as such they are taken up together.

Prayer in L.P.A. No. 630 of 2022

3. The instant intra-court appeal, under Clause 10 of the Letters Patent, is directed against order/judgment dated 6th December, 2021 passed by learned Single Judge in W.P. (C) No. 1 of 2015 with W.P. (C) No. 90 of 2015 whereby and whereunder while dismissing the writ petition it has been held that the dumpers, pay-loaders, shovels, drill master, bulldozers etc. would fall within the de