Patherya, J. - (1.) This appeal has been filed from the order dated 24th January, 2017 passed in WP. 30414(W) of 2016 challenging therein the notice dated 26th October, 2016 to refund the amount, illegally deducted from the account of the petitioners.
(2.) Counsel for the Appellant- Eastern Coalfileds Limited (ECL) submits that suppression of material facts is in itself sufficient to set aside the order dated 24th January, 2017. E-auction scheme was initiated in 2007 and Clauses 6.9 and 11.11 were introduced by way of amendment on 23rd March, 2015. The Court below did not consider the Clauses though handed to it but surprisingly did not even hand over a copy of the amended Spot E-auction Scheme, 2015 to the writ petitioner to consider. The writ petitioner sought for revocation of the notice dated 26th October, 2016 and refund of the amounts realised under the amended E-auction Scheme of 2015. The said orders were passed on 30th June, 2015, therefore the amended Spot E-auction Scheme was applicable. The District Mineral Foundation was established and pursuant to notification dated 1st August, 2016, Rules were also framed and moneys were to be realised. These aspects were not considered by the Court below. Therefore, the order dated 24th January, 2017 be set aside and the appeal be allowed.
(3.) Counsel for the writ petitioners submits that the only issue that has been raised in the writ petition is the notice dated 26th October, 2016 and pursuant to the said notification sums was sought to be realized and refund must be made as the same realization was illegal. The writ petitioners are successful tenderers and had participated in the E-auction dated 30th June, 2015. The payment was by the holder of a mining lease or a prospecting licence-cum-mining lease in addition to the royalty, paid to the District Mineral Foundation. It is because of this demand which is illegal that the writ petitioners were compelled to file the writ petition under Article 226 of the Constitution of India and the Court below in passing the order dated 24th January, 2017 is justified. The demand which has been made under notice dated 26th October, 2016 is nothing but fee or levy which has been imposed under Article 265 of the Constitution of India and no authority can be imposed on an illegal levy. Therefore, the direction, passed by the order dated 24th January, 2017 be maintained and the appeal be rejected.;