Mukesh Kumar Mehta vs State Of Jharkhand & Ors on 22 March, 2011

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             W.P.(C) No. 87 of 2010
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                    Mukesh Kumar Mehta.. ...   ..... ...                    Petitioner
                                                 Versus
                    The State of Jharkhand & Ors.....        .....   ....   Respondents
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                    CORAM:       HON'BLE THE CHIEF JUSTICE
                                 HON'BLE MR. JUSTICE D.N. PATEL
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                    For the Petitioner:         Mr. Indrajit Sinha
                    For the Respondent: J.C to Sr. S.C. I
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06/ 22.03.2011

Heard learned counsel for the petitioner.

The petitioner’s argument is that 5 % interest per day has

been levied under the Rule making powers. There is no power in

such Rule being framed to make such rules under the Act.

Learned counsel for the State was not in a position to indicate

any such power that such rule could be framed.

In that view of the matter, we are admitting this petition.

In the meanwhile, there will be no coercive steps against

the petitioners.

(Bhagwati Prasad, C.J)

(D.N. Patel, J)

Alankar/S.I.