IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3314 of 1993 M/S Modi Cement Ltd. having its office at Jagdish Bhawan, Exhibition Road, P.S. Gandhi Maidan Town and District- Patna -------- Petitioner. Versus 1. The Union of India through the Secretary, Ministry of Mines, Shastri Bhawan, New Delhi. 2. The Joint Secretary, Ministry of Mines, Government of India, Shastri Bhawan, New Delhi. 3. Joint Secretary, Ministry of Coal, Government of India, Koyla Bhawan, New Delhi 4. The Bharat Cocking Coal Limited, a subsidiary of Coal India Limited, having its office at 5. The State of Bihar, through Commissioner Mines and Minerals, Govt. of Bihar, Secretariat, Patna. ------------ 6. 6.9.2010 None appears on behalf of the parties. The writ petition has been preferred with the prayer to set aside notification no.477, dated 31.7.1991, issued by respondent no.3 through which the rate of royalty on coal has been arbitrarily and steeply increased, and to declare Section 4(iii) of Mines and Minerals (Regulation and Development) Amendment Act, 1972 as ultra vires, and inconsistent with the fundamental rights granted under Article 19(1)(g). Law is well settled that courts do not normally interfere with the yard-stick of a levy for fixation of price or taxation unless it has the effect of driving out the petitioner from business. No such case 2 has been made out in the present proceedings. The writ petition is dismissed. Vinay/ ( S. K. Katriar,J. ) ( (Birendra Prasad Verma, J.)