BHARAT COKING COAL LTD. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsel for the Respondent-State. The petitioner-BCCL has sought for quashing of the letter of the Respondent No. 2, Secretary, Department of Mines & Geology, Govt. of Jharkhand as contained in Memo No. 235 dated 24.2.2006 (Annexure-4), whereby the respective District Mining Officers have been directed to raise demand of royalty in respect of the coal consumed by the workmen engaged in a colliery. The petitioner has also sought for quashing of consequential demands contained in Annexure-5 dated 13.3.2006, Annexure-6 dated 18.3.2006, Annexures-8 and 9 dated 21.3.2006 and 25.3.2006 respectively. The grounds for assailing the impugned order are:

(2.) It is a case of the petitioner that by the impugned direction and the consequent notices of demand, the respondent-authorities of the State have chosen to raise royalty in respect of coal consumed by workmen in question employed under the petitioner-BCCL.

(3.) The Respondent-State has appeared and filed their counter affidavit inter alia justifying their raising of demand of royalty upon the petitioner-BCCL for the coal consumed by its workmen primarily on the basis of the judgment delivered by the Hon'ble Supreme Court of India dated 24.9.2003 in Civil Appeal No. 8395 of 2001. They have also stated that CCL is paying royalty for the coal consumed by its workmen and, in support thereof, the payment made by the 'Churi' area of CCL in 2005-06 is annexed to the counter affidavit as Annexure-A.