Jharkhand High Court
Tata Steel Limited vs The State Of Jharkhand Through The ... on 29 August, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.2035 of 2020
Tata Steel Limited, a company incorporated under
previous company law having its Registered office at 24,
Homi Modi Street Fort, PO & PS - Homi Modi Street,
Mumbai - 400001, and having its captive colliery at West
Bokaro Colliery, PO - Ghatotand, PS - Mandu, District
Ramgarh; represented through its Chief Legal Officer,
Mrs. Meena Lall, W/o. Sh. Behari Lall, aged about 55
years resident of B-228, Greater Kailash - I, PO & PS -
Greater Kailash - I, New Delhi 110048.
...... Petitioner
Versus
1. The State of Jharkhand through the Secretary,
Department of Mines & Geology, Government of
Jharkhand, Nepal House (Yojna Bhavan), PO & PS -
Doranda, Ranchi.
2. The Director of Mines, Department of Mines &
Geology, Government of Jharkhand, Nepal House
(Yojna Bhavan), PO & PS - Doranda, Ranchi.
3. The Dy. Director cum Certificate Officer - Mines,
North Chhotanagpur Division, P.O. & P.S.
Hazaribagh, Opp. Circuit House, Dist. Hazaribagh
(Jharkhand).
4. The District Mining Officer, Ramgarh, P.O. & P.S.
Ramgarh, District Ramgarh (Jharkhand).
...... Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Ajay Kumar Sah, Advocate
For the State : A.C to A.G
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05/Dated: 29th August, 2024
1. The present writ petition has been filed for the following reliefs :-
(a) for issuance of an appropriate writ, order or direction in the nature of certiorari quashing the entire Certificate no. 17 of 2017-18 (Annexure - 15) as amended vide Order / Certificate dated 23.10.2017 (Annexure-16) and dated 22.06.2020 (Annexure -31) including the impugned Order dated 16.03.2020 (Annexure- 27) passed by the Dy. Director of Mines cum Certificate Officer, North Chhotanagpur Division, Hazaribagh (Respondent No.3 herein);.
(b) an appropriate writ, order or direction in the - 1- W.P.(C) No.2035 of 2020 nature of certiorari quashing the impugned Demand Letter no. 1173 dated 17.08.2017 (Annexure 13) issued by DMO Ramgarh (i.e. the Respondent No.4);
(c) for issuance of an appropriate writ of or in the nature of mandamus commanding upon or directing the Respondents to refund a sum of Rs.45.59 Crore, which was paid by the Petitioner pursuant to the demand contained in Letter No. 1173 dated 17.08.2017 (Annexure 13) towards the principal of the purported short payment of royalty, along with interest @ 24% per annum;
(d) for issuance of an appropriate writ of or in the nature of mandamus commanding upon and / or directing the Respondents to strictly follow the procedure laid down under the Bihar and Orissa Public Demand Recovery Act, 1914 (PDR Act) while deciding the Certificate Cases and determine the liability if any, against the Petitioner in accordance to the procedure prescribed under the PDR Act.
3. From the arguments of the parties, it appears that for reviewing the impugned order a proceeding has already been initiated by filing a petition, which has been brought on record as Annexure - 30 to the writ petition. It further appears that the said petition has been filed under Section 63 of the Bihar & Orissa Public Demand Recovery Act, 1914, which is still pending.
4. In that view of the matter, the present writ petition is, hereby, disposed of giving liberty to the petitioner to pursue his remedy in the pending proceedings. The respondents are directed to dispose of the matter as expeditiously as possible, after giving due opportunity to all the parties.
5. With above observation and direction, the present writ petition stands disposed of.
6. Pending interlocutory application, if any, also stands disposed of.
(Rajesh Kumar, J.) Chandan/-
- 2- W.P.(C) No.2035 of 2020