HIGH COURT OF MADHYA PRADESH
M/S Birla Corporation Ltd. & Ors. – Appellant
Versus
The State Of M.P. And Ors. – Respondent
The present petition has been filed challenging the validity of the
Circular
No.F-19-192/92/12/2
dated
15.03.1993
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
3
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) Act, 1957
(hereinafter referred
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