Jharkhand High Court
Hindalco Industries Limited vs Union Of India And Ors on 23 September, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P (C) No.4617 of 2024
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Hindalco Industries Limited ....... ... Petitioner
Versus
Union of India and Ors. ...... Respondents
With
W.P (C) No.7337 of 2023
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Union of India, Ministry of Coal and Anr. ....... ... Petitioners
Versus
The State of Jharkhand and Anr. ...... Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the Petitioner : Mr. Ankit Vishal, Advocate
For the UOI : Mr. Anil Kumar, ASGI
Mrs. Nitu Sinha, CGC
For the State : Mr. Sahbaj Akhtar, AC to AAG-III
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rd
Order No. 07/Dated: 23 September, 2025
I.A No.12937 of 2025 [in W.P (C) No.7337 of 2023]
1. The instant interlocutory application has been filed seeking
leave of this Court to carry out the amendment in the provision of law
under which the writ petition has been filed.
2. It has been stated in the instant interlocutory application based
upon that it has been contended by the learned ASGI that due to
inadvertence this writ petition has been filed under Article 226 instead of
invoking the jurisdiction conferred under Article 227 of the of the
Constitution of India.
3. The reason for the same, according to the learned ASGI, is that
the judgment passed under section 27 of the Coal Mines Special
Provisions Act, 2015 is under challenge and as provided under section
27, the adjudication is to be made by the officer at the rank of the
District Judge and being the judicial officer, if any order is being passed,
then the same can only be assailed by filing petition under Article 227 of
the Constitution of India in view of the judgment rendered by the
Hon'ble Apex Court in the case of "Radhey Shaym v. Chhabi Nath"
reported in (2015) 5 SCC 423.
4. The learned counsel appearing for the respondent, petitioner in
W.P(C) No.4617 of 2024, is having no objection.
5. Considering the submission made on behalf of the
applicant/petitioner in the present proceeding, the said interlocutory
application being I.A No. 12937 of 2025 is allowed.
6. Let necessary correction in the provision of law be carried out
in the memo of writ petition in course of the day.
7. This Court, considering the said submission, is allowing the
prayer made in the instant interlocutory application making it the part of
the writ petition since the amendment is formal in nature and a counter-
affidavit has already been filed in the writ petition being W.P(C)
No.7337 of 2023 on merit.
W.P (C) No.4617 of 2024 with W.P (C) No.7337 of 2023
8. It has also been submitted by the learned ASGI that in view of
the fact that the present writ petition being W.P(C) No.7337 of 2023 has
been filed challenging the order passed under section 27 of the Act of
2015 by filing the said writ petition on the ground that a common
judgment has been passed in both the proceedings in CBC No. 07 of
2018 and CBC No.11 of 2019.
9. However, he has submitted that he, since, has confined his
prayer as would be evident from the order dated 26.08.2025 available in
W.P(C) No.4617 of 2024 which was passed on the objection raised by
the learned counsel appearing for the writ petitioner in W.P(C) No.4617
of 2024.
10. It has been submitted that the separate Civil Miscellaneous
Petition has been filed invoking the jurisdiction of this Court under
Article 227 of the Constitution of India being C.M.P (Filing) No.10725
of 2025.
11. Mr. Ankit Vishal, the learned counsel appearing for the
respondent in this writ petition, who is petitioner in writ petition being
W.P(C) No.4617 of 2024, has submitted that on or before the next date
of hearing "Vakalatnama" as also the counter-affidavit, if required, shall
be filed in the present case.
12. If any defect is there, the learned counsel appearing for the
petitioner is directed to remove the same before the next date of hearing.
13. Let these matters be listed on 14.10.2025 along with C.M.P
being C.M.P (Filing) No. 10725 of 2025.
14. The learned counsel appearing for the petitioner in W.P(C)
No.4617 of 2024 may file a counter-affidavit in the C.M.P being C.M.P
(Filing) No. 10725 of 2025, if any.
15. Office is directed to make C.M.P being C.M.P (Filing)
No. 10725 of 2025 in order so that on the next date of hearing the matter
will be heard on merit.
(Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.)
Dated:23.09.2025
Sudhir
