M/S Siddheshwar Iipl-Igcmpl, Through Its Authorized Signatory, Shri Shyam S/O Lalaramji Jaiswal v. State Of Maharashtra, Thr. Secretary, Ministry Of Industries, Energy And Labour Department, Mumbai

1 910-A-2541-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2541/2018 M/s Siddheshwar IIPL - IGCMPL Vs. State of Maharashtra & Others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Yash Maheshwari, Advocate for petitioner Mrs. Ketki Joshi, Addl.G.P. for Respondents / State CORAM: AVINASH G. GHAROTE & URMILA JOSHI-PHALKE, JJ.

DATED : 8th SEPTEMBER, 2023 The petition questions the communication dated 07/07/2017, by which the claim of the petitioner for refund of royalty under the package scheme of incentives of 2017 has been denied on the ground of delay (page 77). The question of delay has already been considered by this Court in M/s Shri Balaji Buildcon Vs The State of Maharashtra in Writ Petition No.19/2018 and other connected Writ Petitions, decided on 18/8/2023, wherein it has been held that the subsequent circular dated 17/6/2011, which requires the claim to be made within a particular period of time, would not be attracted to a claim of refund in respect of minor minerals, in view of which the communication dated 07/07/2017, is hereby quashed and set aside and the matter is remitted back to the respondent No.3 for deciding the claims on their own merits, as it is reported at bar that there is no other circular governing the position regarding any delay in filing an application for

2 910-A-2541-2018.odt refund governing minor minerals. In case there is any such circular, the same would apply. The petition is allowed in the above terms. No costs.

(URMILA JOSHI-PHALKE, J.) (AVINASH G. GHAROTE, J.) MP Deshpande