BROAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. S.B. Upadhyay, learned Senior Counsel assisted by Mr. Suraj Samdarshi, learned counsel for the petitioner, Mr. Naresh Dixit, learned Special Public Prosecutor for the Department of Mines and Geology, Government of Bihar and Mr. Gyan Prakash Ojha, learned G.A.-7 for the State of Bihar.

(2.) The petitioner has put to challenge a communication issued vide Memo No. 2985 dtd. 7/7/2021 by the District Magistrate-cum-Collector, Bhojpur, whereby a demand of Rs.1,39,50,39,924.00 has been raised against second, third and fourth installments of royalty for the extended period of settlement (1/4/2021 to 30/9/2021).

(3.) Further, the petitioner seeks a declaration by this Court that it is not liable to pay second, third and fourth installments of the royalty as it had already surrendered its settlement, which cannot be treated to be in contravention of Rule 50 (1) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2019 ('2019 Rules' for short). The petitioner's surrender of settlement has been rejected by the respondents with reference to Rule 50 (1) of 2019 Rules. The petitioner is, therefore, seeking declaration that said rejection is not justified as Rule 50 (1) of 2019 Rules does not have any application in respect of extension granted under Rule 77 (2) of the said Rules.