TAPEN SEN, J. - (1.) HEARD Mr. Deepak Kumar, learned counsel for the Petitioner and Mr. R. S. Mazumdar, learned Government Advocate for the State Respondents.
(2.) THE Petitioner is aggrieved by the order dated 4.7.1995 passed by the Assistant Mining Officer, Koderma (Respondent No.3) by which the Petitioner has been directed to deposit a sum of Rs. 12,018.55 Paise and Rs. 5,147.87 Paise against dues on account of dead rent and cess till 1993 in respect of 40 acres of land in the Koderma Reserve Forest Work No. 28 "T" (B). According to the Petitioner, the aforesaid order is not only contrary to the provisions of the Mineral Concession Rules, 1960 but is also contrary to the order dated 17.12.1993 passed by the District Mining Officer -cum -Certificate Officer (Mining) North Chotanagpur Circle, Hazaribagh (Respondent No.2). The case of the Petitioner in short is that on 1.3.1984 a deed of mining lease was executed in favour of the Petitioner for a period of 20 years for the aforementioned tract. After execution however, the Petitioner came to a conclusion that the area was not at all economically viable for Mica mining and finding the project to be non viable, it accordingly filed an application on 27.06.1986 under registered cover addressed to the Deputy Commissioner, Hazaribagh (Respondent No.4) together with advance rent and royalty for the period up to 30.06.1987 surrounding (sic -surrendering?) the lease hold. According to the Petitioner, it has also delivered vacant possession of the land to the State Lessor.
(3.) IN spite of the aforementioned facts, the Petitioner states that the State of Bihar through the Respondent No. 3 filed two certificate cases against the Petitioner vide Certificate Case Nos. 50/99 -93 and 51/9293. In the first case the Lessor demanded a sum of Rs. 6,019.35 Paise for the period of up to 31.12.1992 towards dead rent and interest. In the other case, a sum of Rs. 4098.02 Paise was demanded.;