AJAY KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. P.K.Prasad, learned senior counsel appearing for the petitioner and Mr. D.K.Dubey, learned SC (Mines) appearing for the respondents State.

(2.) In this writ petition, the petitioner has made a grievance that the Certificate Officer, by an exparte order dated 16/12/2003, without deciding the objection filed by the petitioner under Section 9 of Bihar & Orissa Public Demand (Recovery) Act, has passed an order for issuance of distress warrant without determining the liability and has affirmed the requisition of demand made by the respondent State for payment of dead rent concerning mines, the possession of which was never given to the petitioner by the State.

(3.) As it appears that the Department of Mines and Geology of the State Government granted a mining lease in favour of the petitioner for the lands cover by the Forest without following the Forest Conservation Act. The Department of Mines never handed over the possession of leased hold area to the petitioner and the petitioner never came in possession of the same. This facts have not been disputed by the respondents.