Broad Son Commodities Private ... vs The State Of Bihar
2022 Latest Caselaw 1021 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.12595 of 2021
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Broad Son Commodities Private Limited a Company incorporated under the provisions of the Companies Act, 1956 having its registered office at Dr. Himanshu Complex, Block Road, Koilwar Chouk, P.S. Koilwar, District Bhojpur (Ara), through its Director Ashok Kumar aged about 65 years (male), Son of Ram Chandra Saw, resident of Village/Mohalla - Pareo, P.S. Bihta, District - Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Commissioner-Cum-Principal Secretary, Department of Mines and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna - 800001.

2. The Principal Secretary cum Mines Commissioner, Department of Mines and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna - 800001.

3. The Special Secretary Cum Director, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.

4. The Assistant Director, District Mining Office, Bhojpur (Ara).

5. The District Magistrate-cum-Collector, Bhojpur Ara.

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

For the Petitioner/s : Mr.Suraj Samdarshi, Advocate Mr. Avinash Shekhar, Advocate Mr. Piyush Ranjan, Advocate For the Respondent/s : Mr. Naresh Dixit, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)

Date : 09-02-2022

Petitioner has prayed for the following relief(s):-

"(i) For issuance of a writ, order or direction in the nature of certiorari for quashing order dated 18.02.2021, contained in memo no. 565 dated 23.02.2021, passed by Patna High Court CWJC No.12595 of 2021 dt.09-02-2022

the Respondent Mines Commissioner in Revision Case no. 03/2020, whereby and whereunder the well-founded revision application of the petitioner against letter no. 2208 dated 22.09.2020 issued by Respondent District Magistrate cum Collector, Bhojpur, Ara and letter no. 2228 dated 26.09.2020 issued by Assistant Director, District Mining Office, Bhojpur (Ara), has been rejected on wholly erroneous ground without considering the case of the petitioner.

(ii) For issuance of a writ, order or direction in the nature of certiorari for quashing of letter no. 2208 dated 22.09.2020 issued by the Respondent District Magistrate cum Collector, Bhojpur Ara, to the extent that it directs the petitioner to deposit Rs. 37, 18, 10,799/ - as royalty for the extended period of 61 days i.e. from 01.11.2020 till 31.12.2020, since the same is based upon erroneous calculation.

(iii) For issuance of a writ, order or direction in the nature of certiorari for quashing letter no. 2228 dated 26.09.2020 issued by the Assistant Director, District Mining Office, Bhojpur (Ara), whereby and where under the petitioner has been directed to deposit Rs. 37,18,10,799/- as royalty for the extended period of 61 days i.e. from 01.11.2020 till 31.12.2020.

(iv) For issuance of a writ, order or direction in the nature of mandamus commanding the Respondent Collector, Bhojpur Ara to recalculate the royalty payable by the petitioner for the District of Bhojpur (Ara) for the extended period of 61 days i.e. from 01.11.2020 till 31.12.2020, considering the fact that the year 2020 was a leap year comprising of 366 days.

(v) For issuance of a writ, order or direction in the nature of mandamus commanding the Respondents to refund the excess royalty paid by the petitioner for the extended period of 61 days i.e. from 01.11.2020 till Patna High Court CWJC No.12595 of 2021 dt.09-02-2022

31.12.2020.

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

In view of the inherent contradictions in para-2 and

para 5 of the impugned order dated 18.02.2021 passed by the

Mines Commissioner in Revision Case no. 03/2020, we are

inclined to quash and set aside the impugned order with a

further direction to the authority to pass a fresh order, after

affording adequate opportunity of hearing to all concerned.

The contradiction emanates as a result of the

method adopted for determining the amount, due and payable,

for the period for which the extension was granted. Unlike for

the period 2019, where the calculation is on the basis of

calendar year, the calculation for the subsequent period i.e.

2020, is on the basis of number of days for which the period

stood extended. The fact that the year 2020 was a leap year

stands noticed, but the petitioner's request for calculating the

said year to be of 366 and not 365 days stands rejected.

It is in this view of the matter, we direct the

authority to pass a fresh order also accounting for the

correctness of the order dated 30.09.2020 passed by the

Assistant Director, whereby the petitioner's request stood Patna High Court CWJC No.12595 of 2021 dt.09-02-2022

rejected, which also was subject matter of challenge before the

revisional authority.

As such, for the aforesaid reasons, impugned order

dated 18.02.2021 passed by the Mines Commissioner in

Revision Case no. 03/2020, titled as Broad Son Commodities

Private Limited Vs. Collector, Bhojpur & Ors. is set aside

with a direction to the revisional authority to pass a fresh order

in accordance with law.

As such, instant petition stands disposed of.

Interlocutory application, if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 14.02.2022 Transmission Date