M/S Shyam Sel And Power Limited vs Central Coalfields Limited & Ors
2025 Latest Caselaw 1978 Jhar

Jharkhand High Court

M/S Shyam Sel And Power Limited vs Central Coalfields Limited & Ors on 24 January, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad, Navneet Kumar

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   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  W.P. (C) No. 1093 of 2017
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M/s Shyam Sel and Power Limited ... ... Petitioner Versus Central Coalfields Limited & Ors.

                                      ...    ... Respondents
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CORAM :HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

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For the Petitioner : Mr. Indrajit Sinha, Advocate Mr. Aditee Dongrawat, Advocate

For the Respondent : Mr. Amit Kumar Das, Advocate

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th Order No. 04 : Dated 24 January, 2025

1. The question involved in this writ petition is refund of

the amount deposited in the 'District Mineral Foundation'

[DMF] Fund.

2. It has been submitted by learned counsel for the

petitioner that the issue has already been decided by Hon'ble

Apex Court in the case of Federation of Indian Mineral

Industries & Ors. Vs. Union of India & Anr. reported in

[(2017) 16 SCC 186].

3. Mr. Amit Kumar Das, learned counsel appearing for the

respondent-CCL has submitted that the State is the

necessary party reason being that whatever amount is to be

adjusted, in pursuance to judgment rendered in the case of

Federation of Indian Mineral Industries & Ors. Vs. Union

of India & Anr. (supra), is by the State Government since

the 'District Mineral Foundation' [DMF] Fund is the under the

exclusive control of the State Government having been

created under the statutory mandate as provided under

Section 9B Mines and Minerals (Development and Regulation)

Act, 1957.

4. Mr. Das, learned counsel for the respondent-CCL has

submitted that the State since is not a party in the present

proceeding and as such the adjustment as per the direction

passed by Hon'ble Apex Court in terms of the aforesaid

judgment will be difficult since the State may take a plea that

the State is not a party and as such they are not concerned

with the adjustment of the said amount.

5. Upon this, Mr. Indrajit Sinha, learned counsel for the

petitioner has sought for leave of this Court to implead the

State of Jharkhand through the Principal Secretary,

Department of Mines and Geology, Govt. of Jharkhand as

party to the proceeding.

6. In view of submissions advance by learned counsel for

the parties, let necessary addition be made by impleading

State of Jharkhand through the Principal Secretary,

Department of Mines and Geology, Govt. of Jharkhand as

party respondent no. 5 in the array of respondent in the

instant writ petition in course of day.

7. Let the copy of writ petition and counter affidavit be

served upon learned Advocate General.

8. Further, let the name of learned Advocate General be

reflected in daily cause list henceforth.

9. List this case on 31st January, 2025.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.) Alankar/