Jharkhand High Court
Ram Subhag Singh vs The State Of Jharkhand & Ors on 24 March, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Gautam Kumar Choudhary
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 4045 of 2015
----
Ram Subhag Singh ... ... Petitioner Versus The State of Jharkhand & Ors ... ... Respondents
-------
CORAM :HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
------
For the Petitioner : Mr. Rajiv N. Prasad, Advocate For the State : Mr. Mrinal Kanti Roy, GA I For Res. No. 5 : Mr. Indrajit Sinha, Advocate Mr. Lukesh Kumar, Advocate Mr. Parangat Pandey, Advocate
--------
th Order No. 21 : Dated 24 March, 2025
1. At the outset, it has been pointed out that in order 17 th March, 2025, the nature of case at the heading it has wrongly been typed as 'Cr. Appeal (DB) No. 4045 of 2015' instead of 'W.P. (PIL) No. 4045 of 2015'.
2. Perused the order dated 17th March, 2025. The nature of the case appears to be wrongly typed, as such the same is corrected and it shall be read as 'W.P. (PIL) No. 4045 of 2015'. The remaining part of the order shall remain intact.
3. Reference may be made to orders dated 11th February, 2025 and 20th February, 2025.
4. Pursuance thereto, two affidavits have been filed on behalf of respondent nos. 2 to 4. The first affidavit is dated 21st February, 2025 by way of 5th supplementary counter affidavit and second affidavit is dated 07.03.2025 by way of 6th supplementary counter affidavit. -2-
5. This Court in order dated 7th January, 2025 and 11th February, 2025 took note of the fact of recovery of public money to the tune of Rs. 600 crores for which certificates proceedings have been filed, as would be evident from the counter affidavit filed by the State, details of the certificate proceeding has been mentioned in the tabular chart in order dated 11th February, 2025 at paragraph 2 thereof and the Court taking serious view of the matter has come to prima facie of the view that the matter requires thorough consideration for which investigation/enquiry is required to be there by the Central Agency, but before passing such order one indulgence was granted to the State to file detail affidavit with respect to the lackadaisical approach in making recovery of money to the tune of Rs. 600 Crores.
6. Pursuant thereto, supplementary counter affidavit has been filed on behalf of respondent nos. 2 to 4, wherein at paragraph 13 it has been stated that the demand notices pertaining to Rs. 5,04,57,92,008.00 has been quashed and set aside by the Revisional Authority, therefore at present no demand exists in this regard.
7. At paragraph 14, it has been stated that in terms of the order passed by the Revisional Authority in Revision Application No. 8 of 2020, the State vide Memo No. 2036 dated 05.12.2023 has constituted a 'Committee' for examining the factual and legal issues. -3-
8. At paragraph 15 of the affidavit it has been stated that the constitution of the said committee has been challenged before the Revisional Authority, Ministry of Coal, Government of India in following cases, which reads as under:
I. R.A. No. 14/2024, CCL, Ramgarh II. R.A. No. 10/2024, CCL, Ramgarh III. R.A. no. 16/2024, CCL, Ramgarh IV. R.A. No. 09/2024, CCL, Ramgarh V. R.A. No. 17/2024, CCL, Ramgarh VI. R.A. no. 12/2024, CCL, Ramgarh
9. In such view of the matter at paragraph 16, it has been stated that the amount to be recovered is not Rs. 600 crores rather it is only to the tune of Rs. 118 crores (Approx.) from M/S Panem Coal Mines Limited and Rs. 56 Crores (Approx.) from M/S West Bengal Emta.
10. So far second query made by the Court that what steps has been taken to recover the aforesaid amount, it has been stated at paragraph 18 of the affidavit that the Certificate Cases in relation to M/S Panem Coal Mines Limited is on account of having mined higher grade of coal and having paid royalty on the basis of lower grade and the certificate case against M/S West Bengal Emta is on account for non- payment of royalty.
11. At paragraph 19 of the affidavit, it has been stated that fresh Kurki Warrant has been issued in the certificate cases -4- against M/s Panem Coal Mines Limited and M/s West Bengal Emta Limited, the details of such Certificate Cases are as under:
Sl. Certificate Involved Case filed in Paid Amount to be Remarks No. Case No. Amount (In Hon'ble High Amount (In paid Rs.) Court Rs.) 1 02/10-11 10,84,62,161.76 W.P.(C) No.- 4,35,05,415.00 6,49,56,746.76 Kurki Warrant 1474/2011 issued by Concerned Note:- Writ Authority for 01/10-11 28,18,42,344.00 disposed off vide 5,00,00,000.00 23,18,42,344.00 2 recover of order dated outstanding 08/01.04.2022 demand.
3 32/11-12 17,40,28,376.38 W.P.(C) No.- 7,43,67,639.00 9,96,60,737.38 736/12 4 06/14-15 14,66,98,137.06 W.P.(C) No.- - 14,66,98,137.06 Kurki Warrant 5512/19 issued by Concerned Note:- Writ Authority for petition recover of dismissed vide outstanding order dated demand. 06.04.2022 5 04/15-16 43,91,01,492.00 W.P.(C) No.- 5,00,00,000.00 38,91,01,741.91 Kurki Warrant 6260/19 issued by Concerned Note:- Writ Authority for petition recover of dismissed vide outstanding order dated demand. 06.04.2022 6 01/16-17 24,71,09,108.00 W.P.(C) No.- - 24,71,09,108.00 3071/20 Note:- Matter is under hearing before Hon'ble Court 7 14/19-20 5,04,5,92,008.00 W.P.(C) No.- - 5,04,57,92,008.0 A demand order 2780/20 0 issued by the District Mining Note:- Counter Officer, Pakur affidavit has has been set been filed by the aside by the Respondent Hon'ble District Mining Revisional Officer, Pakur in Authority, Coal W.P.(C) Tribunal, 2780/2020 and Ministry of added with writ Coal, GoI vide no.3411/2020 order dated 09.03.2022 is R.A. No. 08/2020 and recommended to -5- be heard by the Committee of Expert to give an opportunity of hearing. 8 05/15-16 55,98,61,029.00 W.P.(C) No. - - 55,98,61,029.00 Notice has been 27516/2015w issued by the (Hon'ble Certificate Kolkata High Officer in Court) relation to the public demand. 12. Thereafter, the 6th supplementary affidavit dated
07.03.2025 has been filed in compliance of order dated 20.02.2025 passed by this Court bringing on record the entire order-sheets of the Certificate Cases along with reasons of keeping the matter pending for years together.
13. We have perused the order-sheet of the Certificate Proceeding, annexed as Annexure A series to the 6th supplementary counter affidavit filed on behalf of respondent nos. 2 to 4 and found therefrom from page no. 26 and 27 of the affidavit that vide order dated 01.06.2023, it was ordered to issue Kurki Warrant for recovery of due amount and the matter was directed to be posted on 31.12.2023. It appears that the matter was not placed on 31.12.2023, rather it appears that the matter was taken up on 10.02.2025 and direction was passed by the Presiding Officer to issue Kurki Warrant, as provided under section 15 of the Bihar & Orissa Public Demand Recovery Act, 1914, for recovery of due amount and place the record on 31.12.2025. -6-
14. This Court has put a pin-pointed question to learned counsel for the State that when the Presiding Officer has directed to place the record of Certificate Proceeding on 31.12.2023 vide order dated 01.06.2023 then where is the order said to be passed on 31.12.2023.
15. Mr. Mrinal Kanti Roy, learned GA I appearing for the State has submitted the entire order-sheet has been appended with the supplementary counter affidavit.
16. From perusal of order dated 01.06.2023 and 10.02.2023, it appears that both the orders have been passed by the same functionary as the signature of the Presiding Officer on 01.06.2023 and 10.02.2023 appears to be same.
17. This Court considers it serious lapses in the proceeding and the manner in which the certificate proceedings are being carried out.
18. However, Mr. Mrinal Kanti Roy, learned G.A I appearing for the State referring to paragraph 7 to the 6th supplementary counter affidavit has stated that action has been taken from time to time by the respondents for the recovery of the auction amount, however, due to non-posting of the officer being posted from 11.08.2022 to 22.12.2022, delay has been caused in granting auction letter. Now, the power of the related auction letter has been granted and further vide letter dated 10.02.2025, letter has been sent to the Superintendent of Police, Vardhaman for action on the -7- attachment warrant issued against M/s Panem Coal Mines Limited.
19. We have perused the said statement and found therefrom that the same is the reference of the objection which has been raised on behalf of the certificate debtor.
20. We are not here concerned at the moment, with respect to the objection which has been raised on behalf of certificate debtor rather, we are concerned with the propriety of the proceeding which is being conducted by the Certificate Officer.
21. An order has been passed on 01.06.2023 to put up the matter on 31.12.2023 but there is no order said to be passed on 31.12.2023 and straightaway order which has been passed said to be of 10.02.2025. However, in the left side there is no reference of the date said to be passed on 10.02.2025 save and except the date given under the signature of the functionary who has passed order on 10.02.2025.
22. However, Mr. Roy, learned GA I appearing for the State has submitted at Bar that on 31.12.2023 since no officer was working on that post, therefore, the matter could not be taken up on 31.12.2023.
23. But we are not in agreement with submission advanced by the learned State Counsel in this regard since we have taken note of the fact, on comparing with the signature put -8- on order dated 01.06.2023 and 10.02.2025, which appears to us of Presiding Officer passed by the same functionary as the signature of the Presiding Officer on 01.06.2023 and 10.02.2025 appears to be same.
24. Therefore, this Court sought for an explantion from the authority before passing further necessary order to consider the propriety of the said proceeding.
25. In view thereof, let an explanation by way of affidavit be filed to consider the propriety of the said proceeding.
26. List this case on 22.04.2025.
27. Hearing the rest of issue(s) shall be taken up on the next date of hearing.
(Sujit Narayan Prasad, J.) (Gautam Kumar Choudhary, J.) Alankar/