MISRILALL JAIN AND SONS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) We are benefited by the remand order passed by the Hon'ble Supreme Court in these matters as State of Jharkhand & Ors. Vs. Misrilal Jain & Sons & Anr, 2010 5 SCC 324. The Hon'ble Supreme Court had remanded these matters, setting aside the judgments passed by this Court in a group of 46 writ petitions which were decided by a common judgment dated 7th May, 2007 and other writ petitions by a Division Bench of this Court by a separate judgment but following the judgment dated 7th May, 2007.

(2.) As per the facts of the case, on 17.05.2005, the State Government issued a resolution for fixing the surface rent for the minor and major mineral leases as equal to 5 % of the latest market price of land as determined for that particular area by the Deputy Commissioner-cum-District Registrar and it shall be collected by District/Assistant Mining Officer from the lease holder and this rate shall be variable from time to time in proportion to the market price determined by Deputy Commissioner-cum-District Registrar. In pursuance of the said resolution, demand notices were issued to the major and minor mineral lease holders. Those impugned demand notices were quashed by the High Court by judgment dated 7th May, 2007. The Hon'ble Supreme Court, while setting aside the judgment of the High Court, observed that resolution dated 17th June. 2005 was issued by the State Government as an Executive Order but from the judgment of the High Court dated 7th May, 2007 it is not clear about the resolution dated 17th June, 2005 as High Court in Paragraph 29 says:

(3.) The Hon'ble Supreme Court noticed the observations made in the judgment dated 7th May, 2007 passed by the High Court that the State legislature has no legislative competence to issue Executive Order for revision of surface rent and that the said resolution is beyond the competence of the State legislature so that the Division Bench carried the impression as if resolution dated 17th Tune. 2005 has been issued by the State legislature. Thereafter, the Hon'ble Supreme Court observed that the legality and validity of the said resolution was examined by the High Court partly on that assumption thereafter, it has been also observed that the aspects which were germane for consideration of the controversy have been overlooked and certain irrelevant aspects have been taken into consideration and, therefore, the judgment dated 7th May, 2007 and other judgment deciding the other writ petitions were set aside and the writ petitions have been remanded to this Court for deciding afresh.