STATE OF BIHAR Vs. PRADIP KUMAR JPSHI

JUDGEMENT

(1.) The present appeal has been filed against the order dated 11.09.2007 passed by the learned Single Judge in CWJC No. 12769 of 2006, inter alia, quashing demand notices, thereby holding that the Respondent was liable to pay extra royalty for the mineral extracted by him, as also the entire certificate proceeding vide Certificate Case No. 1/2005-06 as being without jurisdiction.

(2.) Pursuant to an advertisement for settlement of stone plots for a period of five years, the respondent applied and participated in the auction and was awarded four leases for Rs. 22,00,000/-, Rs. 21,01,500/-, Rs. 35,00,500/- and Rs. 2,44,000/- respectively.

(3.) It appears that pursuant to an order as contained in Memo No. 2418/M dated 29.11.2004 (Annexure-1) issued by the Department of Mines and Geology, Government of Bihar, Patna, the appellants raised demands for depositing additional amounts of royalty to the tune of Rs. 20,45,402/-, Rs. 28,43,278/-, Rs. 3,65,979/- and Rs. 8,76,888/- by letters dated 06.07.2005 (Annexure-2 series).