B.K.B.Transport(P) Limited vs State Of Jharkhand & Ors on 2 April, 2012

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Jharkhand High Court

B.K.B.Transport(P) Limited vs State Of Jharkhand & Ors on 2 April, 2012

Bench: Narendra Nath Tiwari

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W.P.(C) No.947 of 2012

           B.K.B.Transport(P) Ltd.                                 .... Petitioner
                                    Versus
           State of Jharkhand & Ors.                                ...Respondents

           Coram : The Hon'ble Mr. Justice Narendra Nath Tiwari

           For the Petitioner        : Mr.A.K.Sahani, Advocate
           For the Respondents       : M/s. Ram Nivas Roy, Advocate
                                       J.C. to A.G.
                                 -----

2/02.04.2012

The grievance of the petitioner is that though the Railway has deducted the amount of royalty from the petitioner's bill, the Assistant Mining Officer, Hazaribagh-respondent no.3 has issued notice demanding payment of royalty. The petitioner requested the authority of the Railway to produce the documents before the concerned authority to show that the royalty in respect of the land has been paid, but inspite of repeated requests and representations, the authority of the Railway has not taken any step. The State, on the other hand, is threating for coercive action against the petitioner. Under that circumstance, the petitioner has prayed for appropriate direction to the Railway to produce the required documents before the respondent no.3 to show that there is no due on account of royalty of land and that the petitioner is not liable for payment of any further royalty.

Learned counsel for the Railway as well as learned J.C. to A.G., appearing on behalf of the State-respondent, submitted that the petitioner's claim for payment of royalty shall be examined and appropriate order shall be passed.

Considering the said submissions, this writ petition is disposed of directing the Railway to examine the record regarding payment of royalty, demanded from the petitioner, within two weeks. If it is found that the petitioner has paid royalty, the Railway shall produce all the documents before the respondent no.3. On receipt of such documents, respondent no.3 shall consider the same and pass appropriate order in accordance with law.

( Narendra Nath Tiwari, J.) s.b.

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Jharkhand High Court