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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 228 of 2018 -----------
Sainik Mining and Allied Services Ltd. .....Petitioner Versus The State of Jharkhand. ....Opposite Party
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Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. Rajiv Ranjan, Sr. Advocate For the State : A.P.P. ----- 02/12.09.2018 It has been submitted by the learned senior counsel for the petitioner that
petitioner was the contractor, who was engaged by the Management of CCL for transportation of coal from the Surface Mines to KD Old Siding. Learned senior counsel further submits that the District Transport Officer was not authorized to institute a case under the MMDR Act, Air (Prevention and Control of Pollution) Act as also under the Prevention from Damages to Public Property Act. It has further been submitted that there is no violation of M.V. Act and it has not been concluded by the task force as to in what circumstances, it has been concluded that the vehicles, which were seized, were overloaded with coal.
Mr. Anand Kumar Pandey, learned A.P.P., is directed to take instruction and file a counter affidavit, for which he is granted six weeks' time.
List this case after six weeks under the heading "For Admission". In the meantime, there shall be no coercive steps against the officials of the company so far as present case is concerned.
(Rongon Mukhopadhyay,J) Rakesh/