Central Coalfields Limited vs The State Of Jharkhand & Ors
2025 Latest Caselaw 230 Jhar

Jharkhand High Court

Central Coalfields Limited vs The State Of Jharkhand & Ors on 7 May, 2025

Author: Rongon Mukhopadhyay

Bench: Rongon Mukhopadhyay, Ambuj Nath

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  W.P.(C) No. 4228 of 2006

      Central Coalfields Limited                      ... Petitioner
                               - Versus -
      The State of Jharkhand & Ors.                 ... Respondents
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CORAM: Hon'ble Mr. Justice Rongon Mukhopadhyay Hon'ble Mr. Justice Ambuj Nath

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For the Petitioner : Mr. Amit Kumar Das, Advocate For the Resp.-State : Mr. Rahul Saboo, G.P.-II ....

17/07.05.2025 I.A. No.2877 of 2025 Heard Mr. Amit Kumar Das, learned counsel for the petitioner and Mr. Rahul Saboo, learned G.P-II.

This application has been preferred by the petitioner for stay of the operation of the order dated 25.02.2025 passed in Certificate Case No.01/2005-06 and restrain the respondents from taking any further steps pursuant to the order dated 25.02.2025, during the pendency of this writ application.

Submission has been advanced by the learned counsel for the petitioner that pursuant to the order passed by this Court dated 11.02.2025, the Certificate Officer has issued a memo bearing No. 295 dated 25.02.2025, in which the Chairman-cum-Managing Director or any officer authorized by him, has been directed to appear along with the dues. It has further been submitted that issue in question has already been settled by the Hon'ble Supreme Court and the certificate officer does not have any power to encroach upon the said issue.

Mr. Rahul Saboo, learned G.P.-II has opposed this application for stay while submitting that the issue in question raised in this writ application is not covered by the judgment of Hon'ble Supreme Court as stated by the learned counsel for the petitioner. He has further stated that representative may be called to attend the proceedings. In fact, the petitioner - Central Coalfields Limited is repeatedly filing applications before the certificate officer as well as before this Court in order to prolong the proceedings and prevent the certificate officer to proceed in accordance with law.

On a consideration of the submission advanced by the learned counsel for the respective parties, it appears from the order dated 25.02.2025 that the Chairman-cum-Managing Director has been asked to appear in the proceedings or any representative authorized by him along with all the dues. The matter is subjudice and therefore, on consideration of the submission advanced by the learned counsel for the petitioner, the order dated 25.02.2025 passed by the Certificate Officer Mines, Hazaribag as contained in Memo No. 295 is stayed till 18.06.2025, on which date this application shall once again be listed under the appropriate heading.

(Rongon Mukhopadhyay, J)

(Ambuj Nath, J) Jay- Rahul/