Jharkhand High Court
Central Coalfields Limited vs The State Of Jharkhand on 4 August, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
2025:JHHC:21577-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.6805 of 2024
Central Coalfields Limited, a Company incorporated under the
Companies Act, having its registered Office at Darbhanga House,
P.O.-Ranchi University, P.S.-Kotwali, District-Ranchi (Jharkhand)
through its GM (Legal) Sri Jobi V.P., aged about 53 years, S/o Late
V.V. Philip, residing at 396/B, Road No.4-C, Ashok Nagar, PO-
Doranda, P.S.-Argora, District-Ranchi (Jharkhand) ... Petitioner
Versus
1. The State of Jharkhand
2. Secretary, Department of Mines & Geology, Government of
Jharkhand, 2nd Floor, Nepal House, P.O-Doranda, P.S.-Doranda,
District-Ranchi, PIN 834002 (Jharkhand)
3. Director Mines, Department of Mines & Geology, Government
of Jharkhand, 3rd Floor, Nepal House, P.O.-Doranda, P.S.-
Doranda, District-Ranchi, PIN 834002 (Jharkhand)
... Respondents
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Coram:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the Petitioner : Mr. A.K. Das, Advocate
For the State : Mr. Ravi Prakash Mishra, AC to AAG-II
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Order No.05/Dated 04.08.2025
1. This writ petition has been filed under Article 226 of the
Constitution of India for seeking following reliefs:-
"(a) For issuance of appropriate writ(s)/ order(s), direction(s)
directing the concerned respondents-authorities to immediately
forthwith refund to make necessary provisions in existing JIMS
portal for allowing adjustment of the amount realized by the
respondents-authorities from the petitioner-Company against
contribution towards District Mineral Foundation in
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compliance of Section 9B of the Mines and Minerals
(Development and Regulation) Act, as the Hon'ble Supreme
Court in the judgment passed in the case of Federation of
Indian Mineral Industries and others Vs. Union of India and
another, (2017) 16 SCC 186, have already held that the
contribution to the District Mineral Foundation is required to
be made by the holder of mines or prospecting licence cum
mining lease in case of coal, lignite and sand for stowing with
effect from 20.10.2015 when the rates were prescribed by the
Central Government or with effect from the date on which the
District Mineral Foundation was established by the State
Government by a notification, whichever is later."
2. The factual aspects, in brief, read as under:-
"The petitioner-Company is engaged in the business of mining
of coal and after extraction of coal sales it to various consumers
and as per the scheme of pricing, besides the basic price of coal,
any other charges/taxes including like GST, etc. are payable by
the consumers over and above the base price of coal. Vide
notification dated 16.09.2015, the Central Government in
exercise of their powers under Section 20A of the Mines and
Minerals (Development and Regulation) Act issued directions to
all State Governments that the notification establishing the
District Mineral Foundation (DMF) shall state that the DMF
shall deem to have come into force with effect from 12.01.2015.
In compliance thereof, the State of Jharkhand had also vide
notification dated 22.03.2016 established the District Mineral
Foundation, however, in compliance of the aforementioned
notification dated 16.09.2015 issued by the Central Government,
notified that the date of establishment shall deem to be
15.01.2015. It is stated that the State Government started
collecting the contributions towards District Mineral Foundation
in terms of Section 9B from 12th January 2015 onwards. As the
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State Government started charging contributions towards DMF
in terms of Section 9B of the Mines and Minerals (Development
and Regulation) Act, the petitioner-Company also started
realizing the said amount from their respective consumers."
3. Learned counsel for the petitioner has submitted that the issue of
refund is already settled by the Hon'ble Apex Court in the
judgment rendered in the case of "Federation of Indian
Mineral Industries and others Vs. Union of India and
another" reported in (2017) 16 SCC 186. It has also been
contended that a Co-ordinate Division Bench of this Court has
also decided the same issue by the judgment dated 28.11.2023
passed in W.P.(C) No. 286 of 2017 and other analogous cases as
appended in Annexure- 2.
4. Learned counsel appearing for the State has submitted that writ
petition may be disposed of by giving liberty to the writ
petitioner to make an application before the Director, Mines,
Department of Mines & Geology, Government of Jharkhand by
referring the factual aspect alongwith judgment rendered by the
Hon'ble Apex Court and this Court. It has been submitted that if
such representation will be made before the concerned authority,
the decision will be taken within a period of three weeks from
the date of receipt of such representation filed by the petitioner.
5. Mr. Das, upon such submission has submitted that the writ
petition may be disposed of by giving liberty to the writ
petitioner to make an application before the Director, Mines,
Department of Mines & Geology, Government of Jharkhand.
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6. Accordingly, the writ petition is disposed of by giving liberty to
the writ petitioner to make representation before Director,
Mines, Department of Mines & Geology, Government of
Jharkhand by referring the factual aspect and the judgment
rendered by the Hon'ble Apex Court in the case of "Federation
of Indian Mineral Industries" (supra). If such representation
will be filed, the respondent concerned is directed to take
decision in accordance with law within the further period of
three weeks.
7. Accordingly, the instant writ petition stands disposed of.
(Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.)
Rajnish/R.K.
