Secretary, Department of Mines and Geology, Government of v. Jharkhand, district
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 5134 of 2007 M/s. Bharat Coking Coal Limited, a Government company within the meaning of Section 617 of the Companies Act having its registered office at Koyla Bhawan, P.O. Koyla Nagar, district- Dhanbad, through Sri Paras Nath Singh, son of Chandrama Singh, Dy. Legal Manager, BCCL, resident of Koyla Nagar, P.O. Koyla Nagar, P.S. Saraidhella, district- Dhanbad Petitioner … … 1. The State of Jharkhand 2. Secretary, Department of Mines and Geology, Government of Versus Jharkhand, district- Ranchi 3. Director of Mines, Government of Jharkhand, district- Ranchi 4. District Mining Officer, Dhanbad 5. Assistant Mining Officer, Dhanbad … … Respondents With W.P.(C) No. 4205 of 2008 M/s. Bharat Coking Coal Limited, a Government Company within the meaning of Section 617 of the Companies Act, having its registered office at Koyla Bhawan, P.O. Koyla Nagar, P.S. Saraidhella, District- Dhanbad, through Sri Pradeep Kumar Chakravorty, son of Late Sreecharan Chakravorty, Chief General Manager, Bastacolla Area of M/s. Bharat Coking Coal Limited, resident of G.M. Bunglow, Bastacolla colliery, P.O. P.S. Jharia, district- Dhanbad … … Petitioner 1. The State of Jharkhand 2. Secretary, Department of Mines and Geology, government of Versus Jharkhand, district- Ranchi 3. Director of Mines, Government of Jharkhand, district- Ranchi 4. District Mining Officer, Dhanbad 5. Certificate Officer (Mines), Dhanbad … … Respondents With W.P.(C) No. 4206 of 2008
Legal Reasoning
M/s. Bharat Coking Coal Limited, a Government Company within the meaning of Section 617 of the Companies Act, having its registered office at Koyla Bhawan, P.O. Koyla Nagar, P.S. Saraidhella, District- Dhanbad, through Sri Pradeep Kumar Chakravorty, son of Late Sreecharan Chakravorty, Chief General Manager, Bastacolla Area of M/s. Bharat Coking Coal Limited, resident of G.M. Bunglow, Bastacolla colliery, P.O. P.S. Jharia, district- Dhanbad … … Petitioner 1. The State of Jharkhand 2. Secretary, Department of Mines and Geology, government of Versus Jharkhand, district- Ranchi 3. Director of Mines, Government of Jharkhand, district- Ranchi 2 4. District Mining Officer, Dhanbad 5. Certificate Officer (Mines), Dhanbad … … Respondents With W.P.(C) No. 4207 of 2008 M/s. Bharat Coking Coal Limited, a Government Company within the meaning of Section 617 of the Companies Act, having its registered office at Koyla Bhawan, P.O. Koyla Nagar, P.S. Saraidhella, District- Dhanbad, through Sri Pradeep Kumar Chakravorty, son of Late Sreecharan Chakravorty, Chief General Manager, Bastacolla Area of M/s. Bharat Coking Coal Limited, resident of G.M. Bunglow, Bastacolla colliery, P.O. P.S. Jharia, district- Dhanbad 1. The State of Jharkhand 2. Secretary, Department of Mines and Geology, government of Versus … … Petitioner Jharkhand, district- Ranchi 3. Director of Mines, Government of Jharkhand, district- Ranchi 4. District Mining Officer, Dhanbad 5. Certificate Officer (Mines), Dhanbad … … Respondents --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioner For the Respondents --- : Mr. Anoop Kumar Mehta, Advocate : Ms. Pinky Tiwari, Advocate --- 05/30.01.2023 W.P.(C) Nos. 4205 of 2008, 4206 of 2008 & 4207 of 2008 1. Heard Mr. Anoop Kumar Mehta, learned counsel appearing on behalf of the petitioner in all these cases. 2. Heard Ms. Pinky Tiwari, learned counsel appearing on behalf of the respondents in all these cases. 3. W.P.(C) No. 4205 of 2008 has been filed for the following reliefs: “for issuance of an appropriate writ in the nature of certiorari or any other appropriate writ for quashing the demand of the Certificate Officer (Mines), Dhanbad (Respondent No. 5) as contained in his letter bearing Ref. No. 85/M dated 4/3/2008 (Annexure-6) in connection with Certificate Case No. 36/91-92 whereby and whereunder the said Respondent has demanded a sum of Rs. 51,997/- towards interest for delayed payment of royalty amounting to Rs. 28,106/- deposited by the petitioner on 30/3/2007 as the State Government has already rejected the request the petitioner Company has been registered with the Board for Industrial interest, although for waiver of 3 and Financial Reconstruction (BIFR) and a reference under section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 is pending, AND For issuance of an appropriate writ in the nature of mandamus commanding upon the Respondents, especially Respondent Nos. 4 and 5 not to give effect to the demand for realization of interest for delayed payment of royalty in the light of the protection given under section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985.” 4. W.P.(C) No. 4206 of 2008 has been filed for the following reliefs: “for issuance of an appropriate writ in the nature of certiorari or any other appropriate writ for quashing the demand of the Certificate Officer (Mines), Dhanbad (Respondent No. 5) as contained in his letter bearing Ref. No. 83/M dated 4/3/2008 (Annexure-6) in connection with Certificate Case No. 05/95-96 whereby and whereunder the said Respondent has demanded a sum of Rs. 65,96,619/- towards interest for delayed payment of royalty amounting to Rs. 46,78,453.74 deposited by the petitioner on 30/3/2007 as the State Government has already rejected the request for waiver of interest, although the petitioner Company has been registered with the Board for Industrial and Financial Reconstruction (BIFR) and a reference under section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 is pending, AND For issuance of an appropriate writ in the nature of mandamus commanding upon the Respondents, especially Respondent Nos. 4 and 5 not to give effect to the demand for realization of interest for delayed payment of royalty in the light of the protection given under section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985.” 5. W.P.(C) No. 4207 of 2008 has been filed for the following reliefs: “for issuance of an appropriate writ in the nature of certiorari or any other appropriate writ for quashing the demand of the Certificate Officer (Mines), Dhanbad (Respondent No. 5) as contained in his letter bearing Ref. No. 84/M dated 4/3/2008 (Annexure-6) in connection with Certificate Case No. 16/90-91 whereby and whereunder the said Respondent has demanded a sum of Rs. 35,896/- towards interest for delayed payment of royalty amounting to Rs. 18,129/- deposited by the petitioner on 30/3/2007 as the State Government has already rejected the request the petitioner Company has been registered with the Board for Industrial interest, although for waiver of 4 and Financial Reconstruction (BIFR) and a reference under section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 is pending, AND For issuance of an appropriate writ in the nature of mandamus commanding upon the Respondents, especially Respondent Nos. 4 and 5 not to give effect to the demand for realization of interest for delayed payment of royalty in the light of the protection given under section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985.” 6. Learned counsel for the petitioner has submitted that at the time
Decision
when the writ petitions were filed, the petitioner was seeking certain relief under the provisions of Board for Industrial and Financial Reconstruction (BIFR) wherein a reference under Section 15(1) of Sick Industrial Companies (Special Provisions) Act, 1985 was pending. Upon a query by this court regarding the present status of the petitioner, the learned counsel has submitted that as on date, the reference is no longer pending and the petitioner has come out of such proceedings. 7. However, he has submitted that it has been mentioned in the writ petitions itself that pursuant to three certificate proceedings, the petitioner had deposited the principal amount vide Cheque No. 016444 dated 29.03.2007 vide covering letter dated 30.03.2007 addressed to the Certificate Officer (Mines), Dhanbad Circle, Dhanbad. He submits that another notice dated 13.07.2022 (Annexure IA-1) was issued by the Certificate Officer annexed with I.A. No. 7324 of 2022 filed in W.P.(C) No. 4206 of 2008 in which the aforesaid amount paid by the petitioner has not been shown to have been adjusted. 8. The learned counsel submits that liberty may be reserved with the petitioner to approach the Certificate Officer for the purposes of calculation and accounting of the amount already paid by the petitioner. 9. The learned counsel submits that so far as W.P.(C) No. 4206 of 2008 is concerned, the same arises out of Certificate Case No. 5/95- 96; W.P.(C) No. 4205 of 2008 arises out of Certificate Case No. 36/91-92 and so far as W.P.(C) No. 4207 of 2008 is concerned, the 5 same arises out of Certificate Case No. 16/1990-91. The principal amount in the aforesaid three cases were Rs. 46,78,453.74, Rs. 28,106/- and Rs. 18,129/- respectively and the entire principal amount has been deposited by the petitioner vide covering letter dated 30.03.2007. 10. The learned for the respondents, on the other hand, has submitted that huge public money has remained unrealized and the petitioner is no longer having any protection of BIFR, nothing survives in this writ petition. She submits that if there is any amount which has already been deposited by the petitioner, the same can certainly be taken care of by the certificate officer upon production of proof of such deposit. She submits that there is no question of double recovery. The learned counsel for the respondents further submits that the petitioner be directed to appear before the Certificate Officer on a particular date so that the entire accounts is taken care of. 11. Upon perusal of the writ petitions, this court finds that the basis on which these writ petitions were filed was that, the petitioner was registered as a sick company under the provisions of Sick Industrial Companies (Special Provisions) Act, 1985 vide case number 502 of 2001 and all the proceedings for recovery of the amount are liable to be suspended. 12. This Court also finds that out of three certificate proceedings, three different cases were filed seeking protection of Sick Industrial Companies (Special Provisions) Act, 1985. However, the protection under aforesaid Act of 1985 is no longer available to the petitioner. In such circumstances, the petitioner is not entitled to any relief as prayed for in this writ petition. 13. It is further case of the petitioner that the principal amount was already paid by them vide covering letter dated 30.03.2007. Certainly, such payment is subject to verification by the certificate officer. 14. Accordingly, these writ petitions are disposed of enabling the petitioner to approach the Certificate Officer and bring to his notice if any amount has already been paid by the petitioner so that the amount paid by the petitioner is taken into account in accordance with law. The petitioner as well as the certificate holder i.e. District Mining 6 Officer, shall appear before the respondent no. 5 at 11 a.m. on 28.02.2023. 15. Upon their appearance, the Certificate Officer (Mining), shall do the needful and verify the receipt of the amount which the petitioner claims to have already deposited vide Cheque No. 016444 dated 29.03.2007 and covering letter dated 30.03.2007 and proceed thereafter in accordance with law. 16. These writ petitions being W.P.(C) Nos. 4205 of 2008, 4206 of 2008 and 4207 of 2008 are accordingly disposed of. 17. 18. Interim orders, if any, stand vacated. Pending interlocutory application, if any, is closed. W.P.(C) No. 5134 of 2007 19. Learned counsel for the parties are present. 20. This writ petition has been filed for the following reliefs: “For issuance of an appropriate writ in the nature of certiorari or any other appropriate writ for quashing the demand of the District/Assistant Mining Officer, Dhanbad as contained in his letter bearing Ref. No. 2756/Mm dated 24/7/2007 (Annexure-6) whereby and whereunder the said Respondent has demanded a sum of Rs. 4,79,25,090.00 towards interest for delayed payment of royalty amounting to Rs. 2,57,95,406.50 deposited by the petitioner on 28/3/2007 as the State Government has already rejected the request for waiver of interest. 21. Learned counsel for the petitioner has submitted that this case was also filed seeking protection under Sick Industrial Companies (Special Provisions) Act, 1985 as a reference was pending at the relevant point of time. Upon a query by this court with regards to the present status and as recorded in the above order, such protection is no longer available to the petitioner. Thus the plea that the petitioner is a sick unit, is no longer available with the petitioner. 22. The learned counsel for the petitioner has further referred to Annexure- 1 to submit that a cheque of Rs. 2,57,95,407/- drawn on SBI, Dhanbad bearing no. 016395 dated 28.03.2007 was deposited with the District Mining Officer, Dhanbad. This aspect of the matter is confirmed by the District Mining Officer, Dhanbad vide Annexure- 6 dated 24.07.2007 wherein it has been stated that only the interest portion of Rs. 4,79,25,090/- was not paid by the petitioner which was said to be payable under Rule 64A of Mineral Concession Rules, 7 1960. The learned counsel submits that the petitioner is ready to appear before the District Mining Officer and upon their appearance, the District Mining Officer be directed to do the necessary accounting and thereafter, he may proceed in accordance with law. 23. Learned counsel for the respondents has no objection to the prayer made by the petitioner. She submits that if any amount has been paid, the same can certainly be accounted for by the District Mining Officer. She also submits that she is not aware as to whether any certificate proceeding for recovery of the said amount has been initiated or not. 24. Upon perusal of the writ petition, this court finds that the basis on which this writ petition was filed was that the petitioner was registered as a sick company under the provisions of Sick Industrial Companies (Special Provisions) Act, 1985 vide case number 502 of 2001 and all the proceedings for recovery of the amount are liable to be suspended. 25. Considering the aforesaid facts and circumstances, this Court finds that the petitioner is no longer entitled to the protection under Sick Industrial Companies (Special Provisions) Act, 1985. At the relevant point of time, the petitioner had filed the writ petition on the ground that the petitioner was already registered with BIFR and the reference under Section 15(1) was pending before the BIFR. The Sick Industrial Companies (Special Provisions) Act, 1985 has already been repealed. 26. In view of the aforesaid facts and circumstances, no relief as prayed for by the petitioner can be granted in the present writ petition and the petitioner would be liable to pay the amount involved in the present case in accordance with law. 27. Accordingly, this writ petition is disposed of enabling the petitioner to approach the District Mining Officer who had issued the letter dated 24.07.2007 raising a demand of interest amount of Rs. 4,79,25,090/-. Upon appearance of the petitioner, the District Mining Officer shall proceed in accordance with law. 28. If any certificate proceeding has been initiated for realization of the amount involved in this case, the petitioner as well as the District Mining Officer shall appear before the certificate officer for doing the 8 needful on 28.02.2023 at 11.00 am and upon their appearance, the Certificate Officer (Mining), Dhanbad shall proceed in accordance with law. 29. 30. Pending interlocutory application, if any, is closed. Interim orders, if any, stand vacated. (Anubha Rawat Choudhary, J.) Pankaj NAFR .