M/S NAVAYUGA ENGINEERING COMPANY Vs. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, GOVT. OF JHARKHAND

JUDGEMENT

(1.) In both writ petitions, common issues are involved and had earlier been tagged together. Matter has been posted today on Interlocutory Application No. 34/2017 and 35/2017 preferred on behalf of the petitioner.

(2.) Learned counsel for the petitioner has submitted that the issue involved in these writ petitions are now squarely covered by the judgment rendered by the learned Division Bench of this Court in LPA No. 705/2015 (State of Jharkhand & others Vs. M/s MRKR-Pallavi Upkar JV & others and other analogous cases) dated 28.06.2016. Earlier, when the petitioner approached this Court being aggrieved by the demand for realization of royalty on double rate in respect of sand and soil from the borrow areas of the work being executed under the Agreement with the Respondents Damodar Valley Corporation and Bharat Heavy Electricals Limited, a coordinate Bench of this Court, by order dated 13.04.2012, had been pleased to pass an interim order to the effect that no coercive action shall be taken against the petitioner for realization of the enhanced royalty amount. Learned counsel for the petitioner submits that the petitioner had deposited 50% of the enhanced amount of royalty during pendency of the writ application. It is however submitted that the writ petition can now be disposed of in the light of the judgment of the learned Division Bench as the issue is no longer res integra.

(3.) Learned counsel for the State do not dispute the contention of the petitioner. It is submitted on their behalf that in view of the judgment rendered by the learned Division Bench on the subject, the question of levy of royalty stands covered under the residuary item at serial no. 19 of the State Government Notification dated 27.12.2010 where under, royalty @10% of the sale price on Ad-valorem basis was to be charged.