Hindalco Industries Limited … v. The State of Jharkhand and Ors
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.941 of 2024 ----- Hindalco Industries Limited … … Petitioner Versus The State of Jharkhand and Ors. … … Respondents With W.P.(C) No.425 of 2024 ----- Hindalco Industries Limited … … Petitioner Versus The State of Jharkhand and Ors. … … Respondents With W.P.(C) No.729 of 2024 ----- Hindalco Industries Limited … … Petitioner Versus The State of Jharkhand and Ors. … … Respondents With W.P.(C) No.1535 of 2024 ----- Hindalco Industries Limited … … Petitioner Versus The State of Jharkhand and Ors. … … Respondents With W.P.(C) No.1537 of 2024 ----- Hindalco Industries Limited … … Petitioner Versus The State of Jharkhand and Ors. … … Respondents With W.P.(C) No.1539 of 2024 ----- Hindalco Industries Limited … … Petitioner Versus The State of Jharkhand and Ors. … … Respondents With W.P.(C) No.1575 of 2024 ----- Hindalco Industries Limited … … Petitioner Versus The State of Jharkhand and Ors. … … Respondents With W.P.(C) No.1579 of 2024 ----- Hindalco Industries Limited … … Petitioner Versus The State of Jharkhand and Ors. ------- … … Respondents 1 CORAM:
Legal Reasoning
HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD For the Petitioner For the Resp.-State ------- : Mr. Indrajit Sinha, Advocate Mr. Ankit Vishal, Advocate Mr. Sagar Kumar, Advocate : Mr. Rajiv Ranjan, Advocate General Order No. 10/Dated 15th July, 2024 ------ Heard Mr. Indrajit Sinha, learned counsel for the petitioners and Mr. Rajiv Ranjan, learned Advocate General for the respondent-State. 2. The petitioners file these petitions seeking following relief in the respective writ petitions: W.P.(C) No. 941 of 2024: To quash the letter no.618/M dated 18.04.2017 and all the consequential letters and reminders including letter no.268/M dated 15.03.2023 (Annexure-2 series) [collectively referred to as the impugned letters] issued by the District Mining Officer, Gumla whereby on account of purported short levy of royalty during the period 01.07.2009-31.08.2016 a sum of Rs.74,62,358.16 along with interest has been demanded. W.P.(C) No. 425 of 2024: To quash the letter no.190/M dated 20.02.2020 and all the consequential letters and reminders including letter no.261/M dated 15.03.2023 [collectively referred to as the impugned letters] issued by the District Mining Officer, Gumla whereby on account of purported short levy of 2 royalty during the period 2011-12 a sum of Rs.8,13,40,326/- along with interest has been demanded. W.P.(C) No. 729 of 2024: To quash the letter no.672/M dated 18.04.2017 and all the consequential letters and reminders including letter no.269/M dated 15.03.2023 (Annexure-2 series) [collectively referred to as the impugned letters] issued by the District Mining Officer, Gumla whereby on account of purported short levy of royalty during the period 01.12.2009-31.08.2016 a sum of Rs.28,64,509/- along with interest has been demanded. W.P.(C) No. 1535 of 2024: To quash the letter no.598/M dated 22.04.2017 and all the consequential letters and reminders including letter no.271/M dated 15.03.2023 (Annexure-2 series) [collectively referred to as the impugned letters] issued by the District Mining Officer, Gumla whereby on account of purported short levy of royalty during the period 01.02.2009-31.03.2016 a sum of Rs.75,66,824/- along with interest has been demanded. W.P.(C) No. 1537 of 2024: To quash the letter no.592/M dated 22.04.2017 and all the consequential letters and reminders including letter no.273/M dated 15.03.2023 (Annexure-2 series) [collectively referred to as the impugned letters] issued by 3 the District Mining Officer, Gumla whereby on account of purported short levy of royalty during the period 01.02.2009-31.03.2016 a sum of Rs.1,13,73,812.34 along with interest has been demanded. W.P.(C) No. 1539 of 2024: To quash the letter no.594/M dated 22.04.2017 and all the consequential letters and reminders including letter no.272/M dated 15.03.2023 (Annexure-2 series) [collectively referred to as the impugned letters] issued by the District Mining Officer, Gumla whereby on account of purported short levy of royalty during the period 01.04.2008-31.03.2016 a sum of Rs.1,79,29,137/- along with interest has been demanded. W.P.(C) No. 1575 of 2024: To quash the letter no.617/M dated 02.05.2017 and all the consequential letters and reminders including letter no.275/M dated 15.03.2023 (Annexure-2 series) [collectively referred to as the impugned letters] issued by the District Mining Officer, Gumla whereby on account of purported short levy of royalty during the period 01.02.2011-31.03.2016 a sum of Rs.96,99,311/- along with interest has been demanded. W.P.(C) No. 1579 of 2024: To quash the letter no.593/M dated 22.04.2017 and all the consequential letters and reminders including letter 4 no.274/M dated 15.03.2023 (Annexure-2 series) [collectively referred to as the impugned letters] issued by the District Mining Officer, Gumla whereby on account of purported short levy of royalty during the period 01.04.2008-31.03.2016 a sum of Rs.21,77,849/- along with interest has been demanded. 3. But, Mr. Sinha, learned counsel for the petitioners vehemently contended before this Court that since the petitioners were not given due opportunity, was not able to satisfy the authority, as such, the matter may be remanded back. 4. While, Mr. Rajiv Ranjan, learned Advocate General appearing for the respondent-State vehemently contended that the certificate proceedings being Certificate Case No.03(GML) of 2023-24; Certificate Case No.01(GML) of 2023-24; Certificate Case No.02(GML) of 2023-24; Certificate Case No.05(GML) of 2023-24; Certificate Case No.07(GML) of 2023-24; Certificate Case No.06(GML) of 2023-24; Certificate Case No.09(GML) of 2023-24; Certificate Case No.08(GML) of 2023-24 are pending wherein the petitioners have already submitted its jurisdiction by filing objection, therefore, whatever orders will be passed in the certificate proceedings, the same can also be challenged before a higher forum, therefore, at this point of time, the apprehension of the respondents is that it 5 will frustrate the proceedings which have been initiated against the petitioners and objections have already been filed under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 itself, as such, if the petitioners so desire, they may raise all the available points so that the same may be considered as per the law, therefore, unless the matter is adjudicated by the competent authority, the instant writ petitions cannot sustain in the eyes of law. 5. Having heard learned counsel for the parties and going through the records and without expressing the opinion on the merits of the case itself since the petitioners have already submitted its jurisdiction by filing its objection in the certificate proceeding, as such, this Court is inclined to dispose of the present writ petitions granting liberty to the petitioners to pursue their remedy, in accordance with law, before the said forum. 6. With the liberty aforesaid, the instant writ petitions
Decision
are disposed of. 7. The interim order dated 08.05.2024 passed by this Court stands vacated. (Dr. B.R. Sarangi, C.J.) (Sujit Narayan Prasad, J.) Birendra/Saurabh 6