Jharkhand High Court
Central Coalfields Ltd vs The State Of Jharkhand & Ors on 10 February, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.4228 of 2006
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Central Coalfields Ltd. .... ... Petitioner
Versus
The State of Jharkhand & Ors. ...... Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner : Mr. Amit Kumar Das, Advocate
Ms. Kanishka Deo, Advocate
For the Resp.-State : Mr. Rahul Saboo, GP-II
Mr. Rishabh Kaushal, AC to GP-II
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Order No. 11 / Dated: 10th February, 2025
The certificate proceeding being Certificate Case No. 01/2005-
06 is under challenge. The ground of challenge is that the said certificate
proceeding is without jurisdiction.
2. The issue of jurisdiction has been raised relying upon the
judgment passed by the Hon'ble Patna High Court in the case of
"Managing Director, National Coal Development Corporation and etc.
vs. State of Bihar & Ors.", reported in AIR 1984 Pat 280.
3. It has been contended that the ratio of the said judgment is that the
moment the land has been acquired under the provision of Coal Bearing
Areas (Acquisition & Development) Act, 1957, the State is not entitled
to get the dead rent from the lease holders. It has been contended that
herein the demand is based upon the surface rent.
4. According to the petitioner, whether it is dead rent or surface rent,
the moment the land has been acquired under the provision of Coal
Bearing Areas (Acquisition & Development) Act, 1957, the State will
have no jurisdiction to realize either the dead rent or surface rent or any
type of rent, save and except, the royalty as required to be deposited
under the provision of Section 18 A of the Mines & Minerals
(Regulation and Development) Act, 1957.
5. It has been contended that the ratio of the judgment passed by the
Hon'ble Patna High Court rendered in the case of "Managing Director,
National Coal Development Corporation and etc. vs. State of Bihar &
Ors.", (Supra) has also been considered by the Hon'ble Supreme Court
of India in the recent judgment rendered in the case of "State of UP &
Anr. Vs. Northern Coal Fields", reported in 2024 0 Supreme(SC) 1158.
6. Learned counsel appearing for the State, relying upon the
averments made in the Counter Affidavit has submitted that since the
certificate proceeding is under challenge and as such under the Bihar and
Orissa Public Demand Recovery Act, 1914, the provision of appeal is
there and hence the writ petition is not maintainable.
7. Learned counsel appearing for the petitioner in response has
submitted that since the State of Jharkhand is having no jurisdiction to
realize any of the amount as per the judgment rendered by the Patna
High Court in the case of "Managing Director, National Coal
Development Corporation and etc. vs. State of Bihar & Ors.", (Supra)
and judgment of Hon'ble Apex court in the case of "State of UP & Anr.
Vs. Northern Coal Fields" (Supra) and as such issue of non-
maintainability of writ petition cannot be agitated.
8. Mr. Rahul Saboo, learned counsel appearing for the State has
sought for adjournment on the ground that he is not feeling good as also
not gone through the brief, including counter-affidavit.
9. As prayed for by him, list this case on 11 th February, 2025 at the
top of the list.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
Basant /S.Das
