RANCHI, India, Sept. 25 -- Jharkhand High Court issued the following order on Aug. 25:

1. Since Similar issues are involved in both the Writ Petitions as such both the writ petitions have been heard together and disposed of by this Common order. Both these writ petitions have been filed for issuance of an appropriate writ, order or direction for quashing the demand notice dated 14.09.2009 as contained in letter Nos.2705 (W.P.(C) 1666 of 2011) and 2703(W.P.(C) 1685of 2011).

2. For the sake of brevity, the facts of one of writ petition being W.P.(C) 1666 of 2011is referred herein. The prayer portion of the W.P.(C) 1666 of 2011 is being referred as under:

(i)An appropriate writ, order or direction for quashing the demand notice as contained in letter Nos.2705, dated 14.09.2009 issued by the District Mining Officer, Dhanbad, whereby the petitioner has been directed to pay a sum of Rs.44,53,37,811/-on account of alleged short payment of royalty on clean/washed coal and non-payment of royalty on bye products such as middlings, slurry and rejects.

(ii) A further writ, order or direction for quashing the entire proceeding in connection with Certificate Case No.3/2010-11, whereby a sum of Rs.51,47,78,215/-is sought to be recovered from the petitioner on account of alleged short payment of royalty on clean/washed coal and non-payment of royalty on bye products such as middlings, slurry and rejects. Factual Matrix 3. The brief facts of the case as per the pleadings made in the writ petitions which are common in nature and require to be enumerated, reads as under:- The petitioner is a Government Company incorporated under Section 617 of the Companies Act, 1956, pursuant to the promulgation of the Coking Coal Mines (Nationalisation) Act and the Coal Mines (Nationalisation) Act, and the legal framework created thereunder, the petitioner came to acquire and operate several coal mines in the States of Jharkhand and West Bengal.

Among these, the petitioner holds mining leases covering an area of 7102.29 acres and 597.32 acres for its Murlidih Colliery, situated within the Western Jharia Area. The petitioner has developed these coal mines for the purpose of coal extraction, which serves as a critical raw material for key industries such as steel and power.

Submission of the learned counsel for the petitioner

4. Learned counsel appearing for the petitioner in both writ petitions has submitted that, in the present case as well, the demand notice has been issued without compliance with the principles of natural justice.

5. It has further been submitted that identical matters have been considered by a Co-ordinate Bench of this Court in a batch of writ petitions, including W.P.(C) No. 2927 of 2017 and other analogous cases. Those writ petitions were disposed of by remitting the matters before the District/Assistant Mining Officer of the respective district, as such, submission has been made to dispose of these writ petitions as well, in terms of the order already passed in W.P.(C) No. 2927 of 2017 and other analogous cases.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=Wvv66Dud4dpqZq8Ja%2B1FGJwqCKkjxfWfIbD8%2FY%2FXCNncnY0BQBClLAVecIZlSzTA&caseno=WPC/1666/2011&cCode=1&cino=JHHC010114132011&state_code=7&appFlag=)

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