JUDGEMENT
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(1.) Heard learned counsel for the petitioner and the State.
(2.) Petitioner had approached this Court seeking refund of the amount deducted on account of royalty for "Ordinary earth used for filling or leveling purposes in construction of embankment, road,
railways, building etc." from the running account bills of the petitioner as it was contended that no
royalty is payable in absence of a specific notification under Section 15 of the Mines and Mineral
(Development and Regulation) Act, 1957.
(3.) Today, the matter has been posted on I. A. No. 7430 of 2016. Petitioner has made a prayer for disposal of the writ petition in light of the judgment rendered by the learned Division Bench in LPA
No. 705/2015 (State of Jharkhand & others versus M/s MRKR- Pallavi Upkar JV & others and other
analogous cases) dated 28.06.2016 and judgment rendered by this Court in W. P. (C) No. 5408 of
2014 (M/s Classic Coal Construction Pvt. Ltd. Ranchi Vs. The Eastern Central Railways and Ors.) dated 03.10.2016 following the same, enclosed to the instant Interlocutory Application.;
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