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Judgment
Supplementary affidavit dated 03.01.2018 and the compilation of documents, copies thereof served upon the learned State counsel, are taken
on record.
In the beginning Mr. Himanshu Kumar Mehta, the learned Additional Advocate-General submits that there are nine other writ petitions of similar
nature filed by the petitioner-M/s Hindalco Industries Limited and therefore this writ petition may be heard along with those writ petitions. This
prayer was declined primarily for the reason that other writ petitions are still in defects.
Challenge to the demand contained in letter dated 05.10.2017 has been made on ""various grounds"".
Dr. Abhishek Manu Singhvi, the learned Senior counsel for the petitioner has raised the plea of jurisdictional error as well as breach of the rules
of natural justice, while assailing the legality of the impugned demand. One of the contentions is that looking at the intent and the substance of the
judgment dated 02.08.2017 passed in Common Cause Vrs. Union of India and others reported in (2017) 9 SCC 499, the Bauxite mines are
excluded in the report by the Central Empowerment Committee submitted in the Supreme Court and, in fact, the State of Jharkhand was not a
party nor the petitioner-Company was a party to the proceeding before the Supreme Court in the Common Cause case and while so, the demand
raised by the respondent-State on the basis of the said judgment is patently illegal and without jurisdiction.
After Dr. Abhishek Manu Singhvi, the learned Senior counsel for the petitioner completed his argument on grant of interim relief at this stage,
(the respondent-State has stopped issuing transit challan to the petitioner-Company from 01.01.2018 which has resulted in almost complete
cessation of work at Hindalco plants at Renukut and Muri), Sri Himanshu Kumar Mehta, the learned Additional Advocate-General makes a
request for adjournment for tomorrow, on the ground of unavailability of the learned Advocate-General.
Reluctantly, I grant adjournment.
Let the matter be listed at 3.30 p.m. tomorrow (04.01.2018).