Champion Group Of Companies vs The State Of Bihar Through The ...
2021 Latest Caselaw 5911 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.964 of 2021
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Champion Group of Companies, a proprietorship firm having its office at Divyalok Complex, 2nd and 3rd Floor East Canal Boring, Patna 800001 through its Proprietor, Amit Kumar Singh, aged about 50 years (Male), Son of Shri Rameshwar Singh, resident of Village Baghini Village Baghini, P.O. Harinathpur, P.S. Mohania, District Kaimur (Bhabhua), presently residing at House No. 161, Patliputra Colony, P.S. Patliputra, District-Patna, Bihar- 800013.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Department of Road Construction, Government of Bihar, Vishweshwaraiya Bhawan, Patna.

2. The Additional Chief Secretary, Department of Home (Police), Government of Bihar, Sardar Patel Bhawan, Bailey Road, Patna.

3. The Principal Secretary cum Mines Commissioner, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Patna.

4. The Additional Director, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Patna.

5. The District Magistrate, Kaimur (Bhabhua).

6. The Mines Inspector cum Competent Authority, Kaimur (Bhabhua).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suraj Samdarshi, Advocate For the Respondent : Mr. Gyan Prakash Ojha, GA-7 Mr. Abhishekh Singh, AC to GA-7 Mr. Naresh Dikshit, Spl. P. P. Mines Ms. Kalpana, Advocate

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 07-12-2021

Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s :- Patna High Court CWJC No.964 of 2021 dt.07-12-2021

"i) For issuance of a writ, order or direction in the nature of certiorari for quashing letter no. 07 dated 08.01.2020 (Annexure 3) issued by the Respondent Mines Inspector cum Competent Authority, Kaimur (Bhabhua), directing the petitioner to deposit interest to the tune of Rs. 59,75,567/- on account of alleged late payment of royalty.

ii) During the pendency of this writ application, to issue an appropriate writ, order or direction restraining the Respondents from taking any coercive steps for recovery of Rs. 59,75,567/- on account of alleged late payment of royalty.

ii) This Hon'ble Court may further adjudicate and hold that the demand Rs. 59,75,567/- on account of alleged late payment of royalty is completely arbitrary, unjustified and unreasonable in nature.

iv) This Hon'ble Court may further adjudicate and hold that the demand of interest of Rs. 59,75, 567/- on account of alleged late payment of royalty is de-hors the Bihar Minerals (Concession, Prevention of illegal Mining, Transportation& Storage) Rules, 2019.

v) This Hon'ble Court may further adjudicate and hold that since the settlee is required to pay the entire royalty amount in advance, therefore there is no justification in charging interest over the same.

vi) To award any other relief or reliefs for which the petitioner is found entitled in the facts and the circumstances of the case."

The petitioner lays challenge to the communication

dated 8th of January, 2020, which reads as under :- Patna High Court CWJC No.964 of 2021 dt.07-12-2021

Petitioner is right in contending that the

communication does not indicate the details and the manner in

which the authorities arrived at a figure of Rs.59,75,567/-,

payable by the petitioner.

Ms. Kalpana, learned counsel for the respondent states

that let the petitioner appear before the authority who shall Patna High Court CWJC No.964 of 2021 dt.07-12-2021

furnish all the details to the petitioner.

Order accordingly.

Let the petitioner appear before the authority on

21.12.2021 at 10.30 a.m., on which date details of the amount

due and payable by the petitioner shall be supplied to the

petitioner.

Liberty is reserved to the petitioner to take recourse to

such alternative remedies as are otherwise available in

accordance with law including filing an appeal as is so stated by

the learned counsel for the state.

We are hopeful that the authority concerned shall

take a decision within a period of four weeks.

We clarify that we have not expressed any opinion on

facts and law. All issues are left open.

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

( S. Kumar, J) ranjan/-

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