WPMB/435/2024
2024 Latest Caselaw 2099 UK

Uttarakhand High Court

WPMB/435/2024 on 10 September, 2024

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

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        Date       or directions                     COURT'S OR JUDGES'S ORDERS
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      10.09.2024                   WPMB No. 435 of 2024

                                   Hon'ble Ritu Bahri, C.J.

Hon'ble Rakesh Thapliyal, J.

Mr. Hemant Singh Mahra and Mr. Ketan Joshi, learned counsel for the petitioners.

2. Counsel for the petitioner restricts his prayer to quashing of sub-rule (2) of Rule 1 of Uttarakhand District Foundation Trust Rules, 2017 set up by Government Order 1621 / VII-1/2017/8KHA/16 dated 17/11/2017 issued by Industrial Development Department (Annexure No.4 to the writ petition).

3. He has referred to the judgments of the Hon'ble Supreme Court in the case of Federation of Indian Mineral Industries vs. Union of India (2017) 16 SCC 186 and the Madras High Court in the case of Namakkal District Stone Crusher Owners Association v. The State of Tamil Nadu and others (W.P. No. 1256 of 2018), whereby District Mineral Foundation Rules have been declared to be ultra vires as these provisions relate to the retrospective contribution to DMFs.

4. Notice of Motion.

5. Mr. P.C. Bisht, learned Additional Chief Standing Counsel for the State of Uttarakhand, accepts notice on behalf of respondent No. 1.

6. Mr. S.S. Chauhan, learned counsel, accepts notice for respondent Nos. 2 and 3.

7. Learned State Counsel and the learned counsel for respondent Nos. 2 & 3 will file a short counter- affidavit clarifying their stands with respect to the aforesaid judgments and state as to how these Rules can be sustained.

8. Counsel for the petitioner is given liberty to file a separate writ petition for claiming the benefit of other reliefs.

9. List this matter in March, 2025.

(Rakesh Thapliyal, J) (Ritu Bahri, CJ)

10.09.2024 10.09.2024 Rathour