M AND T ENTERPRISES Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Gautam Kumar Kejriwal, learned counsel for the petitioners and Mr. Naresh Dikshit, learned Special P.P. for the Mines.

(2.) Since in both the cases, the issue involved and the reliefs prayed by the petitioners are identical, hence the same has been taken up together for analogous hearing and disposal with the consent of the parties.

(3.) The petitioners, who have been engaged as contractor to carry out Mining activities on behalf of the Bihar State Mining Corporation Limited (hereinafter referred to as 'the Corporation') wherein the Corporation is a concessionaire/ lease holder as defined under Rule 2(XVII) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2019 (hereinafter referred to as 'the Rules, 2019 being aggrieved by the order(s) of the Mines Development Officer, Kishanganj and the order issued by the District Magistrate, Kishanganj, whereby the compounding charges imposed under rule 56(2) has been affirmed and further Patna High Court CWJC No.8132 of 2023 dt.8/9/2023 directed to recover the compounding charges of 25 times the cost of mineral from the petitioners against alleged mining done by the petitioners, are seeking quashing of the orders mentioned in para 1 of the respective writ petitions; and further for a direction commanding upon the concerned respondents not to enforce the demand arising out of the impugned orders, and in case enforced then for a direction to refund such amount along with adequate compensation to he petitioners.