MAHADEO ENCLAVE PVT. LTD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the petitioner has assailed Clause -12 (Annexure -2) of the agreement entered into with him for lifting of sand from Lahathi Sand Mines Project, whereunder there is total prohibition on sale of sand to any place outside the district of Godda.

(2.) Counsel for the petitioner has referred to the judgment rendered in W. P. (C) No. 170 of 2012 (Annexure -3) and upheld by learned Division Bench in L.P.A. No. 132 of 2013 (Annexure -4) on the same point. It is submitted that to the best of knowledge of the petitioner, no other district of the State, such a condition prohibiting complete transport or sale of sand outside the district has been imposed. The impugned Clause in the advertisement and the agreement are therefore in teeth of the provisions of Part -III & XIII of the Constitution.

(3.) Learned Advocate General for State seeks time to respond to the writ petition.