IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2078/2021 M/s Shree Rajesh Pathak, a proprietary concern through its proprietor Rajesh Ramlal Pathak, aged about 65 years, Occ. Business, R/o 15, Baihar Road, Balaghat, Madhya Pradesh. PETITIONER .....VERSUS..…

1. State of Maharashtra, Department of Revenue and Forest, through its Principal Secretary, Mantralaya, Mumbai.

2. Collector, Bhandara, having its office at Nagpur – Bhandara – Rajnandgaon -

Raipur Highway, MSEB Colony, Bhandara.

3. District Mining Officer, Bhandara, having its office at Collectorate compound, Bhandara.

4. District Mineral Foundation for the District of Bhandara, through its governing council, having its office at Collectorate compound, Bhandara. R ESPONDENTS WITH WRIT PETITION NO. 2086/2021 M/s Sharma G Enterprises, a proprietary concern through its proprietor Vijendra S/o Jogendra Sharma, aged about 34 years, Occupation Business, Office at Shop No.37, Maa Umiya Transport City and Industrial Estate, Kapsi, Nagpur. PETITIONER .....VERSUS..…

1. State of Maharashtra, Department of Revenue and Forest, through its Principal Secretary, Mantralaya, Mumbai.

2. The Collector, Bhandara, having its office at Nagpur – Bhandara – Rajnandgaon -

Raipur Highway, MSEB Colony, Bhandara.

3. District Mining Officer, Bhandara, having its office at Collectorate compound, Bhandara.

4. District Mineral Foundation for the District of Bhandara, through its Governing Council, having its office at Collectorate compound, Bhandara. R ESPONDENTS WITH WRIT PETITION NO. 172/2022 M/s D.R. Wagh Enterprises, Through its Proprietor, Devidas Rangnath Wagh aged 53 years, Occupation Business, R/o Shankar Nagar, Bye-pass Road, Chandrapur.

Correction carried Tah. & District Chandrapur. PETITIONER out in the cause title as per Hon’ble .....VERSUS..… Court’s order dated

17.06.2022.

1. State of Maharashtra, In the Ministry of Revenue and Forest, Mantralaya, Mumbai -32. Through its Secretary.

2. The Additional District Collector, Chandrapur, Tah. and District Chandrapur.

3. District Mining Officer, Collectorate Compound, Chandrapur, Tah. and District Chandrapur.

4. District Mineral Foundation for District Chandrapur, Through its Governing Council, having its office at Collectorate Compound Chandrapur, Tah. and District Chandrapur. R ESPONDENTS WITH WRIT PETITION NO. 173/2022 M/s D.R. Wagh Enterprises, Through its Proprietor, Devidas Rangnath Wagh aged 53 years, Occupation Business, R/o Shankar Nagar, Bye-pass Road, Chandrapur.

Tah. & District Chandrapur. PETITIONER .....VERSUS..…

1. State of Maharashtra, In the Ministry of Revenue and Forest, Mantralaya, Mumbai -32. Through its Secretary.

2. The Additional District Collector, Chandrapur, Tah. and District Chandrapur.

3. District Mining Officer, Collectorate Compound, Chandrapur, Tah. and District Chandrapur.

4. District Mineral Foundation for District Chandrapur, Through its Governing Council, having its office at Collectorate Compound Chandrapur, Tah. and District Chandrapur. R ESPONDENTS ___________________________________________________________________________

Shri Devendra V. Chauhan with Shri Chaitanya J. Dhruv, counsel for the petitioner in WP Nos.2078 & 2086/2021.

Shri Vishwas S. Kukday, counsel for the petitioner in WP Nos.172 & 173/2022.

Shri Amit A. Madiwale, Assistant Government Pleader for the respondents in both the writ petitions.

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CORAM : A. S. CHANDURKAR AND SMT. M.S. JAWALKAR, JJ.

DATE ON WHICH ARGUMENTS WERE HEARD : 02 ^ND M ARCH , 2022 . DATE ON WHICH JUDGMENT IS PRONOUNCED : 07 ^TH A P R IL , 2022 .

JUDGMENT : (PER : A.S. CHANDURKAR, J.)

RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

2. The competence of the State Government to require an exporter of minor minerals into the State of Maharashtra to pay an amount equivalent to 10% of royalty amount to the District Mineral Foundation constituted under Section 9-B of the Mine