AMALGAMATED COALFIELDS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition by a Coal Company seeking a writ of certiorari against the order, dated 14th June 1967 (petitioner's annexure'I') passed by the Central Government refusing to entertain the petitioner's revision under rule 54 of the Mineral Concession Rules 1960, read with section 30 of the Mines and Minerals (Regulation and Development) Act, 1957, directed against the order of the State Government, dated 11th May 1967 (petitioner's annexure 'C') coupled with the demand notices (petitioner's annexures 'C-l' to 'C-7').

(2.) THE petitioner has been a lessee prior to the coming into force of the present Act as also the Mines and Minerals (Regulation and Development) Act, 1948. THE leases were granted to the petitioners some time between the years 1938 and 1946 at different points of time in respect of different quarries. According to the petitioner, the calculations made by the State Government in the demand notices are not- in accordance with the provisions of the present Act, especially section 9 (1) read with Schedule II. THErefore, the only question for consideration is whether the order of the Central Government refusing to entertain a revision is erroneous in law.

(3.) IT may be that the notification may not have made the rules framed under sections 13 and 18 applicable to such leases. But the mere failure to apply the rules cannot deprive the petitioner of the statutory remedy which will be available to it as provided by section 30 of the Act because of the application of section 9 (1) of the Act. For this reason, we are of opinion that the contention of the learned counsel for the petitioner is correct and it was a case of failure to exercise jurisdiction vested in the Central Government by law.