M/S Ultratech Cement Limited Thr. ... vs State Of Madhya Pradesh
2021 Latest Caselaw 2229 MP

                       THE HIGH COURT MADHYA PRADESH,
                        Writ Petition No.9330/2021
           (M/s Ultra Tech Cement Limited Vs. State of M. P.)- 1 -
Indore, dated 9/6/2021

       Heard through Video Conferencing.

       Shri Naman Nagrath learned senior counsel with Shri Manu Maheshwari

learned counsel for the petitioner.

       Shri Pushyamitra Bhargav learned Additional Advocate General for the

respondent / State.

Shri Naman Nagrath learned senior counsel for petitioner relying upon

the judgment of the Hon'ble Supreme Court in the matter of State of Gujarat

and others Vs. Jayeshbhai Kanjibhai Kalathiya and others reported in

(2019)16 SCC 513 has argued that movement of sand to another State cannot

be prohibited by the state of the origin if royalty and other taxes etc. have been

paid on the minerals. What has not been allowed to be done directly, is being

sought to be done indirectly. Challenge is made to Rule 29(6) of Madhya

Pradesh Minor Mineral Rules, 1996 by which regulation fee is sought to be

levied on minor mineral coming from other States at the rate of Rs.25/- per cubic

meter, which according to the learned senior counsel is lacking in authority and

is incompetent.

Shri Pushyamitra Bhargav learned Additional Advocate General prays for

short adjournment to file reply to the writ petition and make submissions on that

aspect.

In the meanwhile, it is directed that if the petitioner eventually succeeds in

the writ petition, amount of the aforesaid levy paid by him shall be liable to be

refunded with the rate of interest as per the relevant provision.

List on 21.06.2021.

           (MOHAMMAD RAFIQ)                             (SUJOY PAUL)
             CHIEF JUSTICE                                 JUDGE
BDJ




      Digitally signed by
      BHUVNESHWAR DATT JOSHI
      Date: 2021.06.09 05:38:56 -07'00'