RANCHI, India, Oct. 2 -- Jharkhand High Court issued the following order on Sept. 2:

1. This writ petition has been filed under Article 226 of the Constitution of India for issuance of writ(s)/order(s)/direction(s) for quashing of memo no. 245 dated 06.03.2020 issued under the signature of respondent no.3 (Annexure-3) by which notice has been issued against the petitioner U/s 56 of Jharkhand Minor Minerals Concessions Rules, 2004 with a instruction to deposit the fine amount to Rs. 2,31,862/- along with statutory taxes amounting to Rs. 37,778/- which is arbitrary and also against the provision of the Jharkhand Minor Mineral Concession Rules, 2004.

2. This writ petition is directed against the order dated 06.03.2020 issued under the signature of respondent no.3, by which notice has been issued against the petitioner under Section 56 of the Jharkhand Minor Mineral Concession Rules, 2004 with instruction to deposit the fine amount to the tune of Rs. 2,31,862/- along with statutory taxes amount amounting to Rs. 37,778/-.

3. It is the grievance of the writ petitioner that he is the developer and was carrying out the construction of the multistoried building in view of the sanctioned map having been sanctioned by Hazaribagh Municipal Corporation, vide B.C. Case No. 902 of 2013 dated 31.12.2013. The petitioner has purchased the building construction materials i.e. sand and chips. All of a sudden, notice was issued under the signature of respondent no.3 dated 06.03.2020 in exercise of power conferred under Section 56 of the JMMC Rules by raising the demand of Rs. 2,31,862/- along with statutory taxes amount amounting to Rs. 37,778/-.

4. The contention of the writ petitioner that he is not the lease-holder, rather purchased the sand and chips from the bonafide seller. It is the further grievance of the writ petitioner that, immediately, after receipt of the notice, he has given the vouchers to substantiate the element of purchase of sand/chips, but without taking a final decision by considering the vouchers showing the purchase in bonafide manner straight away the demand has been issued. Therefore, the present writ petition.

5. The counter affidavit has been filed, wherein interalia the stand has been taken that there is no error in the said demand, since, the said demand was raised in view of the provision as contained in Rule 56 of JMMC, Rules, 2004.

6. This Court has heard the matter on 1st September, 2025 and in pursuant thereto, the District Mining Officer, Hazaribagh has been directed to appear physically.

7. Mr. Ajit Kumar, at present, holding the post of District Mining Officer, Hazaribagh has appeared. The District Mining Officer, Hazaribagh has stated that the day when the demand was raised, he was not holding the post of the District Mining Officer, rather he has joined the post subsequent to the decision so taken as is impugned in the present writ petition.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1dxExDYRu9fFDs62VMynwbaRDhzmwSNuJnrm120zxYsuF&caseno=WPC/2949/2020&cCode=1&cino=JHHC010225982020&state_code=7&appFlag=)

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