RANCHI, India, Dec. 4 -- Jharkhand High Court issued the following order on Nov. 4:

1. Heard the learned counsel for the respective parties. In this writ application, the petitioner has made the following prayers:

"(i) An appropriate writ, order or direction in the nature of certiorari quashing the Certificate no. 22 of 2017-18 (Annexure 10) as amended vide Order / Certificate dated 23.10.2017 (Annexure 11) including impugned Order dated 10.06.2020 (Annexure 23) and Notice / amended Certificates dated 24.06.2020 (Annexure-25) and 01.07.2020 (Annexure-29) passed by the Dy. Director of Mines cum Certificate Officer, North Chhotanagpur Division, Hazaribagh (Respondent No.3 herein);

(ii) An appropriate writ, order or direction in the nature of certiorari quashing the impugned Demand Letter no. 1175 dated 17.08.2017 (Annexure - 9) issued by DMO Ramgarh (i.e. the Respondent No.4);

(iii) For issuance of an appropriate writ of or in the nature of mandamus commanding upon or directing the Respondents to adjust the payment of Rs.121.30 Crores made by the Petitioner pursuant to the demand contained in Memo No. 70 dated 22.01.2015 (Annexure- 6) and Order dated 26.06.2015 passed in WPC No. 2176 of 2015 and analogous matters (Annexure - 7) towards the principal of the purported short payment of royalty;

(iv) For issuance of an appropriate writ of or in the nature of mandamus commanding upon and / or directing the Respondents to strictly follow the procedure laid down under the Bihar and Orissa Public Demand Recovery Act, 1914 (PDR Act) while deciding the Certificate Cases and determine the liability if any, against the Petitioner in accordance to the procedure prescribed under the PDR Act;

And/Or

(v) For any other relief or reliefs for which the Petitioner is legally entitled in the facts and circumstances of the case."

Mr. Kashish Tiwary, learned counsel for the petitioner has submitted that suffice it would be if the petitioner is given liberty to pursue the review application which is pending before the Certificate Officer, North Chhotanagpur Division, Hazaribagh. He has submitted that the review application has been brought on record which is appended as Annexure-24 to the instant application. Mr. Tiwary has also submitted at the Bar a copy of the order dated 28.06.2022 passed in W.P.(C) No. 2120 of 2020 in which similar issue was involved and the petitioner has been given a liberty to pursue the review application preferred before the concerned Certificate Officer.

Learned AC to AAG-III does not have any objection to the said prayer.

In view of the aforesaid stand taken by the learned counsel for the petitioner, we hereby dispose of this writ application with a liberty to the petitioner to pursue his review application which has been filed in Certificate Case No. 22 of 2017-18 and is pending before the Certificate Officer, North Chhotanagpur Division, Hazaribagh who shall pass necessary orders in accordance with law.

This application stands disposed of.

Pending I.A., if any, stands closed.

Disclaimer: Curated by HT Syndication.