Disposed

Misc Application in disposed of cases No. 62/2024 in Original Application No. 43/2023 of Dinesh Kumar vs

NGT10 Jul 2025Misc Application in disposed of cases No. 62/2024 in Original Application No. 43/2023

Case brief

AI extract

What is this about?

The National Green Tribunal reviewed compliance reports from a joint committee and authorities regarding two mining sites in Himachal Pradesh. The court examined repair works and reclamation efforts, finding that one mine had restored retaining structures while the other remained non-operational pending completion of restoration work.

What did the court decide?

The matter is disposed of with no further directions required.

Misc Application in disposed of cases No. 62/2024 in… — Mining and Natural Resources | NGT (2025)

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Item No. 10

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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M.A. No. 62/2024 In Original Application No. 43/2023

Dinesh Kumar

Applicant

Versus

State of H.P. & Ors. Respondent(s)

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Date of hearing: 10.07.2025

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Respondents: Mr. Ajay Marwah & Mr. Swaroopande Mishra, Advs. for R – 4 & 5 Mr. Vivek Kumar & Ms. Suruchi Mittal, Advs. for R - 2 (Through VC) Ms. Bhargava Ravikumar, proxy counsel for HP SPCB (Through VC)

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ORDER

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This MA has been registered on the basis of the report of the joint Committee dated 27.02.2024 in compliance of the order of the Tribunal dated 05.02.2023 passed in MA No. 97/2023 in OA No. 43/2023.

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The OA No. 43/2023 was registered on the basis of a letter petition with allegation that M/s Jai Singh Thakur and Sons and Balbir Singh Shuparam Chuna Pattar Mines were illegally carrying out the mining activities in unscientific manner in village Panchayat Banor in Nalta Khand/Khadd/Bohara of village Panchayat Banaur in District Sirmour. The complainant alleged that unscientific and illegal mining had damaged the trees and caused cracks in the buildings. The Tribunal, by order dated 03.03.2023, had disposed of the OA by constituting a joint Committee with a direction to the joint Committee to look into the matter, visit the site, collect relevant information, and, if a violation is found, take appropriate remedial and punitive action.

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Based on the report filed by the joint Committee in compliance with the order dated 03.03.2023, M.A. No. 97/2023 was registered. The Tribunal, while disposing of the M.A. No. 97/2023 by the order dated 05.10.2023 had taken note of the conclusions of the joint Committee and observed/directed as under:-

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“xxx xxx xxx

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5. The joint Committee had carried out the inspection and has submitted the report dated 09.08.2023. The details of the mining lease of M/s. Bohar Lime Stone mines and M/s. Balbir Singh Shuparam have been disclosed in the report. The report reveals that view of the applicant has also been taken by the joint Committee and thereafter, the joint Committee has reached to the conclusion that there is apprehension of flow down of muck in case of flood in future, and that, the retaining structure constructed earlier are already piled up with mine waste. Therefore, the Committee has advised the leaseholders that the height of the retaining structure should be enhanced so that in case of further debris flow, debris shall not by rolled down into nearby lands.

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6. The conclusions of the joint Committee are as under:

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“1. Repair and maintenance work of retaining wall structures which has been initiated by the lessee of M/s Bohar Lime Stone mine of M/s Jai Singh Thakur & Sons should be completed within six months.

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2. The overburden/ mine waste from mining activities stacked at the mining site shall be properly reacclimated. It was also advised by committee that some other private land may be identified for dumping site to stack the mine waste. This will also enhance the working area of the mine and probability or debris flow also reduced.

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3. Assistant mining inspector, Rajpura is directed to monitor the progress of protection work on fort-nightly basis and submit report in this regard. Complainant Sh. Dinesh Kumar has also given his nod to the observations of Subcommittee and has given written statement as no objection against mining activities and appeal to withdraw complaint made by him. The copy of statement given by complainant Sit. Dinesh Kumar is annexed herewith as Annexure-4.

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The Joint Inspection Report is submitted for consideration please.”

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7. Further action/recommendation of the joint committee as noted above needs to be complied with. The aforesaid two mine owners are also required to carry out appropriate plantation in the available nearby area to control the muck flow.

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8. Hence, we dispose of the matter directing the Member Secretary, State PCB to ensure compliance of the above recommendation and file the action taken report.

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9. The action taken report be filed within three months with the Registrar General of this Tribunal by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If found necessary, the matter will be listed before the Bench.”

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In compliance with the above direction, the joint Committee had

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submitted the fresh report dated 27.02.2024 disclosing the compliance

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status by the project proponents as under:-

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*Sr.* *No.*	*Conclusion/ Recommendations* *of Joint Committee*	*Compliance status*
1	Repair and maintenance work of retaining wall Structures which has been initiated by the lessee of M/s Bohar Lime Stone mine of M/s Jai Singh Thakur & Sons should be completed within six months."	(i)*M/s Bohar Limestone Mine of Jai Singh* *Thakur* & *Sons*:-The repair and maintenance work of retaining wall structures has been initiated and is under progress. The work was halted due to unprecedented rainfall this season and damages caused due to it. The unit has given undertaking to complete the repair and maintenance work within 4 month. (Copy is enclosed as Annexure- II) (ii)*M/s Balbir Singh Supa Ram*:-The repair and maintenance work of retaining wall structures has not been initiated till date. The mine is currently non-operational. Directions has been issued to unit not to operate mine till repair and maintenance work is carried out. (Copy enclosed as Annexure-III)
2	The overburden/ mine waste from mining activities stacked at the mining site shall be properly reclamated. It was also advised by committee that some other private land may be identified for dumping site to stack the mine waste. This will also enhance the working area of the mine and probability or debris flow also reduced.	(i)*M/s Bohar Limestone Mine of Jai Singh* *Thakur & Sons*:-M/s Bohar Limestone Mine of Jai Singh Thakur & Sons has carried out restoration work after monsoon season and has also identified private land to be used as dumping site to stack the mine waste. The copies of agreement are attached herewith asAnnexure- IV. (ii)*M/s Balbir Singh Supa Ram*:- The reclamation work is yet to be done by the M/s Balbir Singh Supa Ram for which necessary directions have been already issued by competent authority. The PCB shall ensure reclamation work before the unit resume operation.

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3	Assistant mining inspector, Rajpura is directed to monitor the progress of protection work on fort- nightly basis and submit report in this regard.	The status report submitted by Mining Department Distt Sirmaur states that mining work at M/s Balbir Singh Shupa Ram is non- operational since 24 June, 2023 and M/s Bohar Lime Stone mine of Jai Singh Thakur has initiated work for providing retaining structures for dumping site. 60% of the work has been done and 40% work is remaining which is in progress. Regular inspection of the mine is being carried out by mining department. The copy of report is enclosed as Annexure- V

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Based on the aforesaid joint inspection report, this MA No. 62/2024 was registered. The Tribunal in the proceedings dated 13.08.2024, after considering the report of the joint Committee, had issued notice to the Respondents in this OA.

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The District Magistrate, Sirmaur, has filed the compliance report dated 22.11.2024 disclosing the compliance status by the project proponents as under:-

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“Index 1

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S. *No.*	*Name and* *address of* *Limestone* *Mine*	*Capacity*	*Mining* *area*	*Environmental* *Clearance*	*Consent* *Status*	*Operation* *Status*
1.	M/s Bohar Limestone Mine of Jai Singh Thakur & Sons, Village Banor, Tehsil Paonta Sahib, Distt. Sirmaur, H.P.	95800 M.T/year	4.15 Ha.	Granted from MoEF CC, GoI vide letter no. J- 11015/191/2015/IA.II(M), dated 07.06.2017	Valid up to 31.03.2026	The mine was operational during the inspection
2.	M/s Balbir Singh Supa Ram, VPO Banor, Tehsil Paonta Sahib, District Sirmour, H.P.	25000 M.T./year	0.847 Ha	Granted form MoEFCC, GoI vide letter no. J- 11015/117/2015-IA.II (M) dated 31.01.2017	Valid up to 31.03.2026	The mine was non- operational during the inspection

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Index 2

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*Sr.*	*Conclusion/*	*Compliance Status*
*No.*	*recommendations*
1.	Repair and maintenance work of retaining wall Structures which has been initiated by the lessee of M/s Bohar Lime Stone mine of M/s Jai Singh Thakur & Sons should be completed within six months."	*(i) M/s Bohar Limestone Mine of* *Jai Singh Thakur & Sons: -* The repair and maintenance work of retaining wall structures has been completed. The lessee has provided wired retaining structures at locations mentioned below: a.) Retaining structure provided in the drainage channel of Dunga Nallah having appx. 1.5 meter width and 16 meter height. b.) Retaining structure provided in the slope of mine adjacent to road in course of Dunga Nallah having appx. 1.5 meter width and 6 meter height. c.) Parapet retaining structures are provided across five benches of mine having appx. 0.5 meter width and 1 meter height.
		The photographs of retaining structures provided are attached as Annexure-R1/1.
		Complainant Sh. Dinesh Kumar who was present at the site also acknowledged the work carried out by M/s Bohar Lime Stone mine of Jai Singh Thakur & Sons and given his written statement regarding satisfactory work to protect the debris flowing into Nallah and has no objection regarding operation of the limestone mine. The written statement of complainant Sh. Dinesh Kumar is attached as Annexure-R1/2.
		*(ii) M/s Balbir Singh Supa Ram: -* The repair and maintenance work of retaining wall structures has not been initiated till date. The mine is non-operational since 24 June

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		2023. A letter was issued by HPSPCB Paonta Sabib vide letter No. 2871-76 dated 12.11.2024 to the mine owners to submit status of completion of work as per recommendations of the Joint Committee. (Annexure R1/3). M/s Balbir Singh Supa Ram submitted reply and given undertaking vide letter dated 15.11.2024 that limestone mine was non- operational. Copy of reply submitted by the unit is attached as (Annexure R1/4). The Mining office District Sirmaur at Nahan has also confirmed the Non Operational status of Lime Stone Mine.
2.	The overburden/ mine waste from mining activities stacked at the mining site shall be properly reclamated. It was also advised by committee that some other private land may be identified for dumping site to stack the mine waste. This will also enhance the working area of the mine and probability or debris flow also reduced.	*(i) M/s Bohar Limestone Mine of* *Jai Singh Thakur &Sons: -* M/s Bohar Limestone Mine of Jai Singh Thakur & Sons had identified private land to be used as dumping site to stack the mine waste as the old dumping site has been filled and stabilized with plantation. The copy of agreement with private land owner is annexed as Annexure- R1/5. The site has been made active and appx. 5000 MT of debris material has been dumped at this site. The photographs of the dumping site are annexed in Annexure-R1/6. *(ii) M/s Balbir Singh Supa Ram: -* The reclamation work is yet to be done by the M/s Balbir Singh Supa Ram as the mine is non-operational which was verified physically and undertaking has been given by the lessee that the reclamation and protection work shall be completed before resuming the mine operations. The lessee already has a private dumping site to stack the waste.

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3.	Assistant mining inspector, Rajpura is directed to monitor the progress of protection work	(iii) A letter was issued by HPPCB Paonta Sahib to Mining Officer, District Sirmaur at Nahan vide letter
	on fort-nightly basis and submit report in this regard.	no. 2856-59, dated 11.11.2024 (copy annexed as Annexure-R1/7) and status report has been sought regarding the recommendation made by Joint Committee to monitor the progress of protection work. The mining department has submitted reply vide letter no.1266 dated 20.11.2024 copy of reply attached as (Annexure-R1/8) and reported that M/s Bohar Limestone Mine of Jai Singh Thakur &Sons has completed the protection work and additional private land has been acquired to stack the waste.
		Limestone mine &Sons has completed the protection work and additional private land has been acquired to stack the waste.
		Limestone mine of M/s Balbir Singh
		Supa Ram had carried out
		protection work prior of to monsoon season but suffered damage again in this monsoon. The protection work is under progress. The Mine has not resumed mining operation
		until the protection work is completed.

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Similarly, HP PCB has also filed the compliance report dated 23.11.2024, disclosing the status of compliance by the project

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proponents as under:-

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*Sr.*	*Conclusion/*	*Compliance Status*
*No.*	*recommendations*
1.	Repair and maintenance work of retaining wall Structures which has been initiated by the lessee of M/s Bohar Lime Stone mine of M/s Jai Singh Thakur & Sons should be completed within six months."	*(i) M/s Bohar Limestone Mine of* *Jai Singh Thakur & Sons: -* The repair and maintenance work of retaining wall structures has been completed. The lessee has provided wired retaining structures at locations mentioned below:

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a.) Retaining structure provided in
the drainage channel of Dunga Nallah having appx. 1.5 meter width and 16 meter height.
b.) Retaining structure provided in the slope of mine adjacent to road in
course of Dunga Nallah having
appx. 1.5 meter width and 6 meter
height.
c.) Parapet retaining structures are
provided across five benches of
mine having appx. 0.5 meter width and 1 meter height.
The photographs of retaining
structures provided are attached as Annexure-R1/1.
Complainant Sh. Dinesh Kumar
who was present at the site also
acknowledged the work carried out
by M/s Bohar Lime Stone mine of
Jai Singh Thakur & Sons and given
his written statement regarding
satisfactory work to protect the
debris flowing into Nallah and has
no objection regarding operation of
the limestone mine. The written
statement of complainant Sh.
Dinesh Kumar is attached as
Annexure-R1/2.
*(ii) M/s Balbir Singh Supa Ram: -*
The repair and maintenance work of
retaining wall structures has not
been initiated till date. The mine is
non-operational since 24 June
2023. A letter was issued by
HPSPCB Paonta Sabib vide letter
No. 2871-76 dated 12.11.2024 to
the mine owners to submit status of
completion of work as per
recommendations of the Joint
Committee. (Annexure R1/3). M/s
Balbir Singh Supa Ram submitted
reply and given undertaking vide
letter dated 15.11.2024 that
limestone mine was non-
operational. Copy of reply submitted

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		by the unit is attached as (Annexure R1/4). The Mining office District Sirmaur at Nahan has also confirmed the Non Operational status of Lime Stone Mine.
2.	The overburden/ mine waste from mining activities stacked at the mining site shall be properly reclamated. It was also advised by committee that some other private land may be identified for dumping site to stack the mine waste. This will also enhance the working area of the mine and probability or debris flow also reduced.	*(i) M/s Bohar Limestone Mine of* *Jai Singh Thakur &Sons: -* M/s Bohar Limestone Mine of Jai Singh Thakur & Sons had identified private land to be used as dumping site to stack the mine waste as the old dumping site has been filled and stabilized with plantation. The copy of agreement with private land owner is annexed as Annexure- R1/5. The site has been made active and appx. 5000 MT of debris material has been dumped at this site. The photographs of the dumping site are annexed in Annexure-R1/6. *(ii) M/s Balbir Singh Supa Ram: -* The reclamation work is yet to be done by the M/s Balbir Singh Supa Ram as the mine is non-operational which was verified physically and undertaking has been given by the lessee that the reclamation and protection work shall be completed before resuming the mine operations. The lessee already has a private dumping site to stack the waste.
3.	Assistant mining inspector, Rajpura is directed to monitor the progress of protection work on fort-nightly basis and submit report in this regard.	A letter was issued by HPPCB Paonta Sahib to Mining Officer, District Sirmaur at Nahan vide letter no. 2856-59, dated 11.11.2024 (copy annexed as Annexure-R1/7) and status report has been sought regarding the recommendation made by Joint Committee to monitor the progress of protection work. The mining department has submitted reply vide letter no.1266 dated 20.11.2024 copy of reply attached as (Annexure-R1/8) and reported that M/s Bohar Limestone Mine of

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Jai Singh	Thakur &S	ons has
completed	the protection	work and
additional	private land	has been
acquired	to stack th	e waste.
Limestone	mine &So	ns has
completed	the protection	work and
additional	private land	has been
acquired	to stack th	e waste.
Limestone	mine of M/s Ba	lbir Singh
Supa Ra	m had car	ried out
protection	work prior of to	monsoon
season bu	t suffered dam	age again
in this m	onsoon. The	protection
work is u	nder progress.	The Mine
has not re	sumed mining	operation
until the	protection	work is
completed.

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The Respondent No. 4 has also filed the report disclosing the compliance and further disclosing that the State of Himachal Pradesh was affected by floods and landslides due to cloud burst in the year 2023, destroying the existing retaining structure of the mining site, which is now restored. The Respondent No. 5 in the compliance submitted in this MA had disclosed as under:-

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“xxx xxx xxx 6. The Reports under reply mention that the Respondent No. 5's mine has been non-operational since 24.06.2023. Pursuant to the inspection dated 08.11.2024 by the Respondent No.1's officials in present of the representative of Respondent No.5, a letter dated 12.11.2024 was addressed by Respondent No.1's Regional Office, Poanta Sahib, was addressed to Respondent No.5 seeking details of the steps taken by Respondent No.5 with respect to the restoration work.

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7. The Respondent No.5, in response to the said letter had submitted its response dated 15.11.2024, wherein it had stated that the work with respect to restoration of retaining structures had been initiated and undertaken to arrest the flow of debris, the said work is under progress and pictures evidencing the same had been enclosed. The same are also being annexed hereto and marked as Annexure R5/1. (Pages 6 to 8)

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8. Further the Respondent No.5 had also stated that as per the recommendations of the Joint Committee, a private land has also been identified with the purpose of dumping the mine waste. A

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Photograph of the said land has also been annexed hereto and marked as Annexure R5/2. (Pages 9 to10).

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9. The Respondent No.5 has duly given an undertaking to the Respondent No.1, that it shall not recommence its mining operations till all the directions with respect to the restoration of protective/reclamation measures have been complied with.

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10. It is pertinent to submit that the State of Himachal Pradesh was afflicted by flash floods and landslides as a consequence of a cloud burst in the year, 2023. Subsequent the said natural calamity, the existing retaining structures at the mining site which had been restored by the Respondent No.5, had been destroyed again in the monsoons in the year 2024 and the same could not be restored. However, as has been observed in the Reports of Mining Officer, District Sirmaur at Nahan dated 20.11.2024 (Annexure-R1/8), the Respondent No.5 has already initiated the required protection works prior to commencing its mining operation and the same is in progress. The said inspection report also mentions that no mining operations are being carried out.

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11. The HPPCB Report also mentions that the seasonal Dunga Nallah in vicinity of Respondent No.5's mining site were found to be carrying water only during monsoon season and were found dry during the inspection.

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12. It is apposite to mention that the Applicant in the O.A is also satisfied with the said restoration work and has provided his written acknowledgement as mentioned in the Reports.

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13. From the aforementioned observations made by the Respondent No.1 and Respondent No.2 with respect to the mining site, it is apparent that the Respondent No.5 is currently in the process of complying with the directions of the authorities with respect to restoration of the protective measure and in the interim the mining operations have not commenced and are suspended since June, 2023.

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14. The Respondent No.5 further undertakes that it shall comply with all the directions of the authorities before recommencing its mining operations and also comply with the applicable norms and rules while eventually carrying out its operations at the mining site.”

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In view of the above compliance reports, we find that the order passed by the Tribunal has been substantially complied with. The undertaking has also been submitted by the Respondent No. 5 for complying with all the directions of the Authorities before recommencing its mining operation and adherence to the applicable norms and Rules while eventually carrying out the operation in the mining site.

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In view of the above, no further direction in this Misc. Application is required, which is accordingly disposed of.

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM July 10, 2025 M.A. No. 62/2024 In Original Application No. 43/2023 A..

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Misc Application in disposed of cases No. 62/2024 in Original Application No. 43/2023 of Dinesh Kumar vs

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 62/2024 in Original Application No. 43/2023 of Dinesh Kumar vs

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What did the court decide?

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