M/S. DHANPAT PRASAD THROUGH ITS PARTNER MR. RAJESH KUMAR, SON OF LATE BINDA PRASAD RESIDENT OF MOHALLA: Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, NEW SECRETARIAT, PATNA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The present writ petition has been filed for quashing the certificate under Sec. 4 and 6 of the Bihar & Orissa Public Demands Recovery Act, 1914 (for short "the PDR Act ") arising out of demand/requisition no. 01/2012-13 dated 13.09.2013 as well as notice issued under section 7 of the PDR Act vide memo no. 27 dated 14.09.2013 by the respondent no. 5 (the Certificate Officer, Mines & Geology, Munger Circle, Munger) arising out of Certificate Case No. 01 of 2012-13 for recovery of Rs. 85,13,000.00 from the petitioner (Annexure-7 series), and for connected reliefs.

(3.) According to the petitioner, a partnership firm, a mining lease was executed on 21.09.2007 for the area at Mauza Hazratpur Madro, Registration District Sheikhpura, Sub Registration District Sheikhpura and Thana Ariari bearing Cadastral Survey Nos. 2068(P) containing an area of 2.00 Acres between the petitioner and the Mining Development Officer, Sheikhpura (Respondent No. 4) The mining lease was made for a period of five years and, inter alia, Part V of the lease deed provided for payment of the bid amount in equal instalments on annual basis together with cess, taxes and local taxes. It further provided for payment of 24% simple interest for delayed payment of instalments vide clause 5 of Part VI thereof. Clause 4 of Part VIII also granted liberty to the lessee to determine, surrender or relinquish any part of the lease. The anticipated royalty was stated to be for Rs. 16,00,000.00 vide Clause 9 of Part IX. For the sake of ready reference, the aforesaid relevant portions of the lease deed are reproduced hereunder:-