Nafees Khan S/O Kismatulla Khan vs State Of Maharashtra, Thr. ...
2022 Latest Caselaw 10230 Bom

                                                      1                               29-B.WP.1893-2021.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 1893 OF 2021
  ( Nafees Khan S/o Kismatulla Khan Vs. State of Maharashtra & Ors. )

Office Notes, Office Memoranda                            Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. A.R. Ingole, Advocate for the Petitioner.
                                  Ms. Mrunal Barabde, AGP for the Respondent Nos. 1 to 5/State.

                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 04th OCTOBER, 2022.

Heard Mr. Ingole, learned counsel for the petitioner and Ms. Barabde, learned AGP for the respondent Nos. 1 to 5/State.

2. The ground raised by Mr. Ingole, learned counsel for the petitioner, to challenge the impugned orders dated 30.04.2021 (page 17) and 12.05.2021 in appeal (page 19), is based upon the judgment of this Court in M/s Shree Rajesh Pathak Vs. State of Maharashtra & Ors., Writ Petition No. 2078/2021 and other connected matters decided on 07.04.2022 , in which in respect of the notification dated 05.02.2021, it has been held, that the State Government is not competent to demand an amount equivalent to 10% of royalty seeking transportation of minerals. However, in the instant case, the impugned order dated 30.04.2021 and the subsequent order in appeal indicates, that the Government Resolution dated 02.02.2021, has merely 2 29-B.WP.1893-2021.odt

been referred too and no penalty on its basis has been imposed, considering which, I do not find any merit in the petition.

3. The petition is dismissed. No costs.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:06.10.2022 14:10