CENTRAL COALFIELDS LTD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) TWO writ applications, namely, CWJC Nos. 391 and 392 of 1999(R) involving the common question were taken up together by the learned Single Judge and were disposed of by impugned order dated 27.2.2001. Hence, the appellant has filed two separate appeals. Both the appeals are, therefore, disposed of by common order.

(2.) THE appellant M/s. Central Coalfields Limited filed common objection under Section 9 of the Bihar and Orissa Public Demand Recovery Act, 1914 (hereinafter to be referred to as 'the Act') in certificate case No. 1 and 22 of 1998 -99 pending before the Certificate Officer (Mines), concerned. Those certificate cases related to the demand and recovery of the amount of royalty as assessed on the shortage of coal and were registered at the instance of the District Mining Officer concerned.

(3.) THE appellant admitted that wrong returns were furnished and as such the certificate proceedings initiated on the basis of the alleged measurement were wholly illegal and without jurisdiction.