Allowed

Orient Abrasives Limited v. State of Gujarat

Gujarat HC23 Jun 2022SCA/16598/2021

Case brief

AI extract

What is this about?

In special writ petitions regarding royalty refunds, the Gujarat High Court directed the State of Gujarat to complete the refund process for petitioners within five months, relying on a communication from the Industries and Mines Department, and to consider prayers for interest.

What did the court decide?

Direct the respondents to complete the refund process within five months and consider the prayer for interest.

Orient Abrasives Limited Vs State of Gujarat — Company and Corporate | Gujarat HC (2022)

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C/SCA/15754/2021 ORDER DATED: 23/06/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 15754 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15770 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 16049 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 16120 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 16205 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 16443 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 16598 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 16771 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 16829 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 16900 of 2021

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YOGITA ALLIED AND CALCINE PRODUCTS

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Versus STATE OF GUJARAT

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Appearance:

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MR AS VAKIL(962) for the Petitioner(s) No. 1 MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 1,2,3,4

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CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA

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Date : 23/06/2022 COMMON ORAL ORDER

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1.The short issue involved in the present writ
petitions is with regard to refund of the amount of
royalty recovered by the respondents.

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2.During pendency of the writ petitions, this
Court vide order dated 05.05.2022 has observed
thus:

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“3. The notice came to be issued in each of the
petition making specific reference to the
Communication dated 20.10.2018 and the amount

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Page 1 of 3

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C/SCA/15754/2021 ORDER DATED: 23/06/2022

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mentioned therein. The refund is also as a
consequence of the dismissal of the Special Leave
Petition preferred by the State Government vide order
dated 19.04.2016, which is also referred to in the
order of issuance of notice.

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4. Learned AGP Mr.Joshi is not in a position to
controvert the same.

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5. Under such circumstances, the respondent
authorities are required to process and refund the
amount of royalty as deposited by each of the
petitioner as prayed for in Para 7(A) of each of the
petition which is in tune of Communication dated
20.10.2018 issued by the office of Commissioner of
Geology and Mining, Gandhinagar.”

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3. Thereafter, the matters were heard on 15.06.2020 and following order was passed:

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“3. As a last chance, the matters are kept on
22.06.2022. If no instructions are taken by the next
date of hearing, this Court would be constrained to
pass appropriate orders of imposition of cost on the
State authorities, which shall be personally
recovered from the concerned officer.”

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4.Today, when the matter is taken up for
hearing, learned AGP has forwarded a communication
dated 22.06.2022 addressed by the Deputy Secretary
of Industries and Mines Department written to him.
The same is ordered to be taken on record.

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5.Learned AGP, upon instructions, has submitted
that within five months, the entire process with
regard to refund of such amount to the petitioner
alongwith other similarly situated persons will be
completed and the same shall be paid to them.

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Page 2 of 3

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C/SCA/15754/2021 ORDER DATED: 23/06/2022

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6.This Court has perused the communication dated
22.06.2022, which clarifies that after receipt of
the proposal by the concerned department and after
consultation with the Finance Department, within a
period of five months, such process shall be
completed.

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7.In view of the said communication and the
aforesaid statement made before this Court, the
respondents are directed to complete the entire
process within a period of five months and
accordingly, refund the amount to the petitioners
within the said period. The petitioners have also
prayed for interest on such amount. The respondent
authorities are directed to consider the said
prayer with regard to payment of interest as prayed
in the writ petitions and also pass appropriate
orders in this regard. In case, any adverse order
is passed, it will be open for the petitioners to
challenge the same by undertaking appropriate
proceeding.

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8.The present writ petitions are disposed of
with the aforesaid observations.

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9.Registry to place a copy of this order in each
of the connected matters.

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NVMEWADA

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Page 3 of 3

Orient Abrasives Limited v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Orient Abrasives Limited v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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