Orissa High Court
Unknown vs Narasingh on 29 October, 2019
W.P.(C) No.17443 OF 2009
17. 29.10.2019 None appears for the parties.
On 28.12.2009 the following order was passed in this writ petition as well as in the Misc. Case:
"Issue notice. Shri V. Narasingh, learned Additional Government Advocate, accepts notice on behalf of the opposite parties. Extra copies of the writ petition along with annexures be served on the learned State Counsel by tomorrow.
List this matter on 18.1.2010. Counter affidavit shall be filed in the meantime.
Heard Shri B.K. Mohanty, learned Senior Advocate along with Sri S.N. Mohapatra and Shri P.K. Panda learned counsel for the petitioner and Mr. V. Narasingh, learned Additional Government Advocate for the State.
The contention raised by Shri Mohanty is that the Mining Officer, Keonjhar Circle had issued vide Annexure-17 dated 28.10.2006 no dues certificate as on 31.8.2006. On 4.7.2007, the same Mining Officer raised a demand of Rs.2,87,00,010/- towards interest on delayed payment of royalty for the period from 4/97 to 2/03 as pointed out by the Accountant General, Orissa. Vide the impugned order contained in Annexure-24 dated 24.10.2009, the representation of the petitioner was rejected and the petitioner was requested to pay the amount failing which the amount will be recovered as land revenue. No reason has been assigned for rejection of the representation of the petitioner.
Case of the petitioner is that Boula Chromite Mine is their captive mine and they are not allowed to remove the Chromite ore from their captive mine to their factory in view of the impugned order.
The question raised is that once a no dues certificate was issued, there was no question of charging interest for the delayed payment of royalty. This contention will be considered after filing of counter affidavit by the State. However, at this stage this Court feels that there would be loss of revenue to the State if the petitioner is not allowed to remove the Chromite ore from Boula Chromite Mine to their factory. Therefore, as an interim measure, it is provided that the dues as per the demand in question shall not be recovered till next listing and the petitioner shall be allowed to remove the -2- Chromite ore from the mine in question to their factory on payment of royalty to be deposited by them in accordance with rules on moving application in accordance with law.
A free copy of the order be supplied to Mr. V. Narasingh, learned Additional Government Advocate.
Urgent certified copy of the order may be granted on proper application."
The interim order is not in force as it was not extended after 18.06.2019.
The opposite parties are directed to comply with the order which will be subject to the result of the writ petition and file the compliance report before this Court by the next date of hearing.
The matter to come up on 19.11.2019.
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( K.S. Jhaveri )
Chief Justice
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( K.R. Mohapatra )
AKK
Judge