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1,05,00,000/- (Rupees One Crore and Five Lakhs) within a period of one week, for the alleged illegal excavation of 7,00,000 cubic feet sand from Mouza-Ragdih/ Naurangi, Thana No.22, Anabadi Khata No. 24, Plot No. 410, Mayurakshi river, District- Dumka including the penalty amount of Rs. 52, 50,000/-.

(ii) For issuance of an appropriate writ(s), order(s) or direction(s) particularly writ of certiorari for quashing the letter 2025:JHHC:29005-DB contained in memo no. 664/m. dated 09.05.2022 (Annexure-

12. The District Mining Officer, Dumka lodged a First Information Report dated 06.03.2022 for the offences under Section 379/34 of the Indian Penal Code and Rule 4 and 54
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2025:JHHC:29005-DB of the Jharkhand Minor Mineral Concession Rules, 2004 [in short „JMMC Rules, 2004‟] against the petitioner and one Tauhid Alam for allegedly lifting sand from the river falling under Mouza Ragdih No.22, Anabadi Khata No. 24, Plot No. 401/410 an area 5095 Acres and also in the Mouza Naurangi No. 21/17 Anabadi Khata No. 218, Plot No. 2357/2895 falling under the territory of State of Jharkhand, through the machines and vehicles, and is transporting the same in the State of West Bengal.

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2025:JHHC:29005-DB

16. The petitioner is a respectable person and an Income Tax Payee and even from his I.T. return it will be apparent that he has no business of sand nor he deals in sand. The petitioner states that the District Magistrate, Birbhum has also certified that the petitioner, who is a businessman in District Birbhum, is a person of good moral character.

17. It has been stated that to the utter shock and dismay to the petitioner, pursuant to the registration of the first information report, on the basis of inspection report of the Circle Officer, Raneshwar, the District Mining Officer, Dumka in purported exercise of power under Rule 54(8) of the JMMC Rules, 2004 vide letter contained in memo no. 625 dated 02.05.2022 directed the petitioner to make the payment of sum of Rs. 1,05,00,000/- (Rupees One Crore and Five Lakhs) within a period of one week, for illegal excavation of 7,00,000 cubic feet sand from Mouza-Ragdih/Naurangi, Thana No.22, Anabadi Khata No. 24, Plot No. 410, Mayurakshi river, District- Dumka including the penalty amount of Rs. 52,50,000/- without following the due procedure of law.

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2025:JHHC:29005-DB inquiry and vide his letter no 401/R dated 30.04.22 reported that the instant petitioner and Tohid Alam excavated 700x200x5=700000 cubic feet sand from Ragdih Sand ghat Thana no. 22 plot no. 410 pertaining to Anabadi khata no. 24 of Mouza Ragdih illegally. On the basis of FIR lodged against the writ petitioner and Tohid Alam, report was submitted by Circle Officer Raneswar and the respondent no 5 issued demand notice bearing letter no 625/m dated 02.05.2022 directing them to deposit Rs. 5250000 the cost of Royalty of 700000 cubic feet sand @ Rs. 750 per hundred cubic feet and its equal penalty of Rs. 5250000; Total Rs. 10500000.00 within a week and reminder notice i.e. memo no. 664/m dated 09.05.2022 was also issued. After receiving demand notice and reminder notice as aforesaid the writ petitioner and Tohid Alam had not paid any amount as demanded by the respondent no. 5 within stipulated period of time, therefore respondent no. 5 instituted certificate case against writ petitioner and Tohid Alam before the certificate officer cum Additional Collector Dumka vide requisition no. 02/2022-23 and letter no 685/m dated 18.05.2022 to recover the demanded amount of Rs. 10500000/- from writ petitioner and Tohid Alam jointly under the provisions of section 4 and 6 of Bihar and Orissa Public demand recovery Act 1914.