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2022 Supreme(MP) 629

RAVI MALIMATH, VISHAL MISHRA
BIRLA CORPORATION LTD. – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


ORDER VISHAL MISHRA, J. : – The present petition has been filed challenging the validity of the Circular No. F-19-192/92/12/2 dated 15-3-1993 issued by the Department of Mineral Resources, Government of Madhya Pradesh, Bhopal (M. P.), whereby the procedure has been laid down for computation of the stamp duty exigible, inter alia, for execution of a fresh deed of mining lease prescribed in Form “K” under Rule 31 of the Mineral Concession Rules, 1960.

2. It is the case of the petitioners that the petitioner No. 1/Company which is registered under the Companies Act, 1956 owns a Cement Industrial Undertaking in the name and style as M/s Satna Cement Works, Tehsil Raghuraj Nagar, District Satna in the State of Madhya Pradesh. Petitioner No. 2 is the shareholder of the petitioner No. 1 carrying on business through the agency of the petitioner No. 1. The cement units are registered under the Factories Act, 1948 for using limestone as a major raw material for manufacture of cement. Looking to the requirement of mineral for production of cement, the petitioner No. 1 applied for grant of lease of limestone under the relevant provisions of the Mines and Minerals (Development and Regulation) A

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