United Mining Corporation vs State of Haryana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2957

SURESHWAR THAKUR, SUDEEPTI SHARMA
United Mining Corporation – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
Mr. Puneet Bali, Sr. Advocate with Mr. Tejeshwar Singh and Mr. Uday Agnihotri, Advocates; For the Petitioner (in CWP-6456-2020 and CWP-16709-2022).
Mr. Puneet Bali, Sr. Advocate with Mr. Surjeet Bhadu and Mr. Agam Bansal, Advocates; For the Petitioner (in CWP-12472-2022).
Mr. Akshay Bhan, Sr. Advocate with Mr. Tejeshwar Singh and Mr. Shantanu Bansal, Advocates; For the Petitioner (in CWP-13839-2020).
Mr. Rajat Choudhary and Mr. V.P.Sangwan, Advocates; For the Petitioner (in CWP-23273-2019).
Mr. Vijay Pal and Mr. Ishaan Bhardwaj, Advocates; For the Petitioner (in CWP-16103-2022).
Mr. Ankur Mittal, Addl. A.G. Haryana with Mr. Saurabh Mago, DAG, Haryana.
Mr. R.A.Sheoran, Advocate for Respondent No. 3 - Gram Panchayat (in CWP-6456-2020), for the respondent-Gram Panchayat (in CWP-6971-2021). for Respondent No. 4 - Gram Panchayat (in CWP-13839-2020).
Mr. Ajay Vijorania, Advocate for Respondent No. 7 (in CWP-16709-2022), for Respondent No. 5 (in CWP-12472-2022) and for Respondent No. 5 (in CWP-16103-2022).
Mr. Tejeshwar Singh, Advocate for Respondent No. 5 (in CWP-23273-

JUDGMENT

Mr. Sureshwar Thakur, J.

Through all the writ petitions (supra) except CWP-23273- 2019, a challenge is made to a common thereto Annexure, issued by the Principal Secretary to Government, Haryana, Development and Panchayats Department, Chandigarh, to all the Deputy Commissioners, in the State of Haryana. The said Annexure, bears memo No. SBA-4- 2019/36764-775 dated 10.06.2019. Therefore, all the writ petition(s) are liable to be decided through a common verdict.

2. Moreover, since Gram Panchayat Kaliyana has instituted CWP-23273-2019, seeking the hereinafter extracted relief.

".... for issuance of a writ in nature of mandamus or any other appropriate writ, order of direction directing the official respondents to recover the arrears of compensation from the respondent No. 5 as land revenue, as provided in The Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012 framed under the Mines Regulation Act and same be paid to the petitioner."

3. Therefore, the writ petition (supra) is also required to be decided alongwith the other connected writ petition(s), as it also relates to questions of law which are similar to the o