BHAGWAN STONE WORKS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been preferred for quashing and setting aside the demand notice as contained in Memo No. 1325/M dtd. 30/12/2023 issued by the Deputy Commissioner, Sahibganj (respondent no. 2) whereby the petitioner has been directed to deposit penalty of Rs.534,84,16,970.00 within seven days from the date of receipt of the said notice which has been quantified for purported illegal mining of 140747815 Cubic Feet stones.

(2.) The factual background of the case as stated in the writ petition is that the petitioner was initially a firm having mining lease over three mining blocks (adjacently placed to each other). It has also a plot of land measuring an area of about 5.2 acres situated at Mouza-Borna, P.S.-Ranga, District-Sahibganj allotted for operating a crusher. The petitioner firm was converted into a partnership firm in the year 2014. Moreover, the validity period of one of the mining lease blocks situated at Mouza-Borna, P.S.-Ranga, District-Sahibganj measuring an area of 3.50 acres expired in the year 2021 and the rest two mining lease blocks are still functional.

(3.) A joint survey team constituted by and under the Enforcement Directorate carried out inspection/survey of the mines situated in and around Sahibganj district to inquire into the purported illegal mining activities being undertaken in the area.