SPML INFRA LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for issuance of appropriate order/direction/writ in the nature of certiorari or any other appropriate writ for setting aside the order dated 4th April, 2012 (Annexure-9) passed by the Principal Secretary, Mines and Minerals Department, Government of Bihar, Patna, (Respondent No.1) whereby revision preferred against the order dated 08.03.2010 (Annexure-5) raising demand against the Petitioner has been dismissed.

(2.) Petitioner is a Company incorporated under the Companies Act, 1956, presently known as "SPML Infra Limited" formerly known "Subhash Projects & Marketing Limited" having its registered Office at F-27/2, Okhla Industrial Area, Phase-II, New Delhi- 110 020, and Regional Office at 22, Camac Street, Block-A, 3rd Floor, Kolkata- 700 016, and carries on business interalia as a construction and infrastructure developer. The Petitioner was awarded a contract in the year 2007 by the Central Public Works Department for determination of State Highway in the State of Bihar under Rashtriya Sam Vikas Yojana (RSVY) Package No.19A in the District of Jamui, Bihar. The aforesaid work awarded to the Petitioner was successfully completed by way of construction and widening of considerable portion of Jamu-Jhajha-Chakai to Jharkhand border of the State Highway.

(3.) In order to ensure timely completion of the project and quality of stone chips, the Petitioner installed a Crusher at its project site after obtaining permission from the Mining Development Officer, Jamui, and for such purposes, application for obtaining permission was made before the District Magistrate, Jamui, and the Circle Officer, Chakai, which was granted. The Petitioner under a mistaken advice obtained permission on 11th December, 2007, from the Mining Development Officer, Jamui, under Rule 7 of the Bihar Minerals (Prevention of Illegal, Transportation and Storage) Rules, 2003.