RANCHI, India, Oct. 17 -- Jharkhand High Court issued the following order on Sept. 16:
1. Al the writ petitions since are having the common issues and, as such, were directed to the heard together and accordingly listed together which have been heard together with the consent of the learned counsel for the parties.
2. These writ petitions are under Article 226 of the Constitution of India for issuance of following reliefs :-
Prayer made in W.P.(C) No.4478 of 2019 "a) For issuance appropriate writ(s)/order(s), direction(s) in the nature of certiorari for quashing and setting aside the order issued vide letter no. 409 dated 14/03/2019 (Annexure- 5), whereby and whereunder the respondent no.-3 (District Mining Officer, Ramgarh) has directed the petitioner-company to pay the fixed rent with interest for Laiyo Colliery Area, which is closed colliery from the year before 2014 itself as per the respondents themselves.
AND / OR
b) Pass such other writ/ writs, order/orders, direction/directions as Your Lordships may deem fit and proper.
AND / OR
c) During the pendency of this writ petition, order issued vide letter no.- 409 dated 14/03/2019 (Annexure-5), passed by respondent no.-3 (District Mining Officer, Ramgarh) directing the petitioner Company to deposit the fixed rent, may be stayed/kept in abeyance and respondents be restrained to proceed further in the matter or to take any coercive steps against the petitioner-Company."
Prayer made in W.P.(C) No.269 of 2019
"a) For issuance of appropriate writ(s)/ order(s)/, direction(s) setting aside the order dated 07.07.2000 (Annexure 2) passed by respondent No.5 in Certificate Case No.109/90-91, whereby and whereunder after rejecting the objection filed under Section 9 of the Bihar & Orissa Public Demand Recovery Act, 1914, directed the petitioner to pay the entire demanded amount without making any determination.
b) For issuance of further appropriate writ(s)/order(s)/, direction(s) setting aside the order dated 05.09.2018 (Annexure 3) passed by respondent No.3 in Certificate Appeal No.64/2005, whereby and whereunder he has been pleased to dismiss the appeal."
Prayer made in W.P.(C) No.4491 of 2019
"a) For issuance of appropriate writ(s)/order(s), direction(s) in the nature of certiorari for quashing and setting aside the order issued vide letter no. 407 dated 14/03/2019 (Annexure- 5), whereby and whereunder the respondent no.-3 (District Mining Officer, Ramgarh) has directed the petitioner-company to pay the fixed rent with interest for Ara Colliery Area, which is closed colliery from the year before 2014 itself themselves as per the respondents.
AND / OR
b) Pass such other writ/ writs, order/orders, direction/directions as Your Lordships may deem fit and proper.
AND / OR
c) During the pendency of this writ petition, order issued vide letter no.- 407 dated 14/03/2019 (Annexure5), passed by respondent no.-3 (District Mining Officer, Ramgarh) directing the petitioner Company to deposit the fixed rent, may be stayed/kept in and respondents be abeyance restrained to proceed further in the matter or to take any coercive steps against the petitionerCompany."
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62Wnadw4xqm4BT4QH7H%2BxV1snB7W8ARnq59qyXxd9NP1tP&caseno=WPC/269/2019&cCode=1&cino=JHHC010014562019&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
