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2025 DAILYLAW 15984 (JHR)

AWDESH KUMAR PANDEY THROUGH ITS GENERAL POWER OF ATTORNEY HOLDER RAJIV RANJAN PANDEY v. THE STATE OF JHARKHAND

WPC/3004/2023 · 2025-08-14

Arun Kumar Rai, Sujit Narayan Prasad

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:23668-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3004 of 2023 ------ Awdesh Kumar Pandey through its General Power of Attorney Holder Rajiv Ranjan Pandey, Aged-about-63 years, Sex-Male, S/o Awdesh Kumar Pandey, Occupation-Business, R/o Hanman Mandir, Dhuliyan Road, Sindhi Para, PO-Pakur, PS-Town, Pakur-816107, Jharkhand …. …. Petitioner Versus 1. The State of Jharkhand 2. The Director, Mines Directorate, Department of Mines and Geology, Govt. of Jharkhand, Yojna Bhawan, PO+PS-Doranda, Doranda, Ranchi 3. The Deputy Collector-Pakur, New Collectorate Building, PO+PS- Pakur, Pin-816107, Jharkhand 4. The District Mining Officer- Pakur, Mining Office Bhawan, Khadanpara, PO+PS-Pakur, Pin-816107, Jharkhand ..... .... Respondents CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI ------ For the Petitioner : Mr. Trithankar Bose, Advocate For the State : Mr. Shray Mishra, AC to AG ------ 09/Dated: 14.08.2025 1. This writ petition has been filed under Article 226 of the Constitution of India seeking therein for the following reliefs- (a) For issuance of appropriate writ(s)/order(s)/, direction(s) setting aside Memo No.854/M dated 10.05.2022 (Annexure-1) issued by the respondent no.4 directing the petitioner to pay the differential royalty along with other charges including DFMT, Environment Cess and Income Tax; (b) For issuance of appropriate writ(s)/ order(s)/, direction(s) declaring the notification dated 16.09.2019 (Annexure- 2) of the Mining and Geology Department Extraordinary Gazette No. 730 dated 19.09.2019 ultra vires whereby and whereunder two different rates are being demanded for removal of boulders; (c) Any other relief or reliefs as Your Lordships may deem fit and proper for which the petitioner is very much entitled under the facts and circumstances of the case and in the interest of justice. 2025:JHHC:23668-DB 2 2. Learned counsel for the petitioner has submitted that the issue has already been decided by this Court in W.P.(C) No.2360 of 2022 and analogous cases on 23.09.2024. 3. Submission therefore has been made that the present writ petition may also be disposed of in terms of the said judgment passed by this Court. 4. Mr. Shray, Mishra, learned AC to AG appearing for the respondent-State has not disputed the aforesaid fact. 5. We have considered the arguments advanced on behalf of the parties. 6. We, after going through the prayer and pleadings made in the writ petition, as also, the judgment dated 23.09.2024 passed in W.P.(C) No.2360 of 2022, have found that the issue, which is the subject matter of the present writ petition, has already been decided by this Court in the aforesaid judgment. 7. Accordingly, the instant writ petition is dismissed. 8. In consequence thereof, pending interlocutory application(s), if any, stands disposed of. (Sujit Narayan Prasad, J.) (Arun Kumar Rai, J.) Rohit/-