MS DINESH YADAV KHAZANA Vs. THE EAST CENTRAL RAILWAYS
LAWS(JHAR)-2016-11-2
HIGH COURT OF JHARKHAND
Decided on November 30,2016

Ms Dinesh Yadav Khazana Appellant
VERSUS
The East Central Railways Respondents

JUDGEMENT

- (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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