Citation : 2025 Latest Caselaw 4467 Jhar
Judgement Date : 26 August, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 4617 of 2024
Hindalco Industries Limited .... --- Petitioner
Versus
Union of India through Ministry of Coal, Government of India and others
.... --- Respondents
With
W.P.(C) No. 7337 of 2023
Union of India, Ministry of Coal and another .... --- Petitioners
Versus
The State of Jharkhand and another .... --- Respondents
---
CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI
---
For the Petitioner(s): Mr. Indrajit Sinha, Advocate For the UOI: Mr. Anil Kumar, ASGI Ms. Nitu Sinha, CGC
---
05 / 26.08.2025 The learned ASGI has submitted that the present writ petition being
W.P.(C) No. 4617 of 2024 has been filed challenging the common order passed
by the learned Addl. Judicial Commissioner-1st-cum-Tribunal under the Coal
Bearing Areas (A&D) Act 1957, Civil Court, Ranchi. It has been contended
that two petitions are required to be filed. It has also been contended that the
provision of law is also required to be rectified, since, the present writ petition
has been filed under Article 226 of the Constitution of India instead of Article
227 thereof.
2. The learned ASGI has sought for two weeks' time to rectify the
provision of law as also to file another writ petition challenging the order
passed in CBC No. 11 of 2019 and confining this writ petition only to CBC
No. 07 of 2018 with a liberty to file afresh challenging the order/judgment
passed in CBC No. 11 of 2019.
3. Liberty as has been sought for is granted.
4. Let necessary correction also be carried out in the present writ petition in
view of the confining the prayer pertaining to CBC No. 07 of 2018.
5. The specific issue has been raised as has been taken note in the order
dated 09.09.2024 and the direction has been passed to file an affidavit
regarding the mode of execution of the order or judgment passed by the learned
Tribunal under Section 27 of the Coal Mines (Special Provisions) Act, 2015,
and as such no affidavit as has yet been filed.
6. The learned ASGI has submitted that in the meanwhile, he will file an
affidavit.
7. As prayed for, let these matters be listed on 15.09.2025.
(Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.)
R.K.M.
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