S.J.MUKHOPADHAYA, J. - (1.) THE writ petition was preferred by petitioner for the following relief: "(i) A declaration he made that the concerned respondents cannot realize any amount either by way of royalty and/ or price of mineral fire clay which according to the respondents are being thrown by the petitioner company along with overburden in course of mining activities; (ii) An appropriate writ/order/direction be issued restraining the concerned respondents from settling and/or leasing out to any third person for removal of -Fire clay from over -burden; (iii) An appropriate writ/order/direction be issued for quashing the coercive steps being taken as against" the petitioner company including initiation of a Certificate proceeding for realization of royalty and price of the alleged mineral fire clay; (iv) A writ or in the nature of mandamus be issued commanding upon the respondents to forbear from giving effect to or acting pursuant to or in furtherance of the impugned direction."
(2.) COUNSEL for the petitioner brought to the notice of the Court a decision of this Court in the case of Central Coalfields Limited V/s. State of Bihar and Ors., reported in 2003 (1) JCR 304 : 2003 (1) JLJR 143. In the said case, the petitioner challenged the legality and validity of certificate proceeding initiated by the respondents for recovery of cess and royalty for the minerals fire -clay extracted in course of mining activities. On hearing the parties, taking into consideration the relevant law and the decision of the Supreme Court in the case of State of Orissa and Ors. V/s. Steel Authority of India Ltd., reported in AIR 1998 SC 3052, held as follows : "In the instant case, the respondents have initiated proceeding for recovery of cess and royalty. In view of the law settled by the Supreme Court there is no question for recovery of any cess by the respondents. However, in the facts of the case, the respondents are entitled to royalty in respect of the fire -clay extracted by the petitioner while extracting coal during mining activities. The next question that falls for consideration is as to how much the amount of royalty actually payable by the petitioner in respect of extraction of fire -clay. It is, therefore, desirable that the District Mining Officer, Hazaribagh should make a fresh assessment with regard to the amount of royalty payable by the petitioner for the fire -clay extracted by the petitioner and such calculation shall be made after giving opportunity of hearing to the petitioner. After such calculation is made, a fresh demand will be raised by the District Mining Officer, Hazaribagh and the same shall be paid by the petitioner within a period of 3 months from the date of receipt of demand. In the light of the direction issued by this Court the certificate proceeding shall remain pending before the Certificate Officer so that on the failure of the petitioner to pay the demand of royalty that may be made by the respondents, later would continue the certificate proceeding by making necessary amended (sic -amendment?) in the requisition of demand." Counsel for, the respondents accepts that the case of the petitioner is also covered by the aforesaid decision in Central Coalfields Limited (supra).
(3.) THE case in accordingly, disposed of with same and similar observations and directions. However, there shall be no order, as to costs.;