Jharkhand High Court
Awdesh Kumar Pandey Through Its General ... vs The State Of Jharkhand on 14 August, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
2025:JHHC:23668-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.3004 of 2023
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Awdesh Kumar Pandey through its General Power of Attorney
Holder Rajiv Ranjan Pandey, Aged-about-63 years, Sex-Male, S/o
Awdesh Kumar Pandey, Occupation-Business, R/o Hanman Mandir,
Dhuliyan Road, Sindhi Para, PO-Pakur, PS-Town, Pakur-816107,
Jharkhand .... .... Petitioner
Versus
1. The State of Jharkhand
2. The Director, Mines Directorate, Department of Mines and
Geology, Govt. of Jharkhand, Yojna Bhawan, PO+PS-Doranda,
Doranda, Ranchi
3. The Deputy Collector-Pakur, New Collectorate Building, PO+PS-
Pakur, Pin-816107, Jharkhand
4. The District Mining Officer- Pakur, Mining Office Bhawan,
Khadanpara, PO+PS-Pakur, Pin-816107, Jharkhand
..... .... Respondents
CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the Petitioner : Mr. Trithankar Bose, Advocate
For the State : Mr. Shray Mishra, AC to AG
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09/Dated: 14.08.2025
1. This writ petition has been filed under Article 226 of the
Constitution of India seeking therein for the following reliefs-
(a) For issuance of appropriate
writ(s)/order(s)/, direction(s) setting aside Memo
No.854/M dated 10.05.2022 (Annexure-1) issued by
the respondent no.4 directing the petitioner to pay
the differential royalty along with other charges
including DFMT, Environment Cess and Income Tax;
(b) For issuance of appropriate writ(s)/
order(s)/, direction(s) declaring the notification dated
16.09.2019 (Annexure- 2) of the Mining and Geology
Department Extraordinary Gazette No. 730 dated
19.09.2019 ultra vires whereby and whereunder two
different rates are being demanded for removal of
boulders;
(c) Any other relief or reliefs as Your Lordships may
deem fit and proper for which the petitioner is very
much entitled under the facts and circumstances of
the case and in the interest of justice.
2025:JHHC:23668-DB
2. Learned counsel for the petitioner has submitted that the issue
has already been decided by this Court in W.P.(C) No.2360 of
2022 and analogous cases on 23.09.2024.
3. Submission therefore has been made that the present writ petition
may also be disposed of in terms of the said judgment passed by
this Court.
4. Mr. Shray, Mishra, learned AC to AG appearing for the
respondent-State has not disputed the aforesaid fact.
5. We have considered the arguments advanced on behalf of the
parties.
6. We, after going through the prayer and pleadings made in the writ
petition, as also, the judgment dated 23.09.2024 passed in
W.P.(C) No.2360 of 2022, have found that the issue, which is the
subject matter of the present writ petition, has already been
decided by this Court in the aforesaid judgment.
7. Accordingly, the instant writ petition is dismissed.
8. In consequence thereof, pending interlocutory application(s), if
any, stands disposed of.
(Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.)
Rohit/-
