RAJESH SHANKAR,J. - (1.) The present writ petition has been filed for quashing the letter No. 1231/Khanan/Jamshedpur, dated 17.07.2017 (Annexure-2 to the writ petition), whereby the District Mining Officer, East Singhbhum Jamshedpur, directed the petitioner-company to pay Rs. 55,62,000/- (Rs. Fifty five lacs sixty two thousand) within a period of 15 days, failing which steps would be taken for filing of the certificate case for recovery of the said amount. The petitioner has also challenged the letter no. 699, dated 29.03.2017 (Annexure-1 to the writ petition) issued by the District Mining Officer, East Singhbhum, Jamshedpur, directing the petitioner to produce documents regarding purchase of minerals and transportation challans, failing which the petitioner-company would be liable to pay Rs. 55,62,000/- as royalty at the rate of twice the market value of the minerals in addition of lodging the F.I.R. and confiscation of the minerals in question.
(2.) Learned counsel for the petitioner submits that the petitioner company is a subsidiary company of M/s. Tata Steel Company Ltd. and has been created for providing civic amenities to the residents of Jamshedpur like supply of electricity, water and planning of the Town and keeping and maintaining the gardens and construction of road in the township. It is further submitted that the petitioner has its batching plant near Tisco Tube Division at P.O. and P.S. Burmamines, Jamshedpur for mixing the minor minerals for primarily utilizing the products thereof for the construction of the roads, quarters of Tata Steel employees, etc. The petitioner used to purchase stone chips from the dealers which are registered under the Jharkhand Mineral Dealers Rule, 2007 and is not engaged in excavation of any minor mineral as it has not been granted any lease for the purpose of excavation of minerals under the provisions of Jharkhand Minor Mineral Concession Rules, 2004 (as amended). Surprisingly, the District Mining Officer vide letter No. 699, dated 29.03.2017 informed the petitioner to produce documents relating to purchase of minerals and transportation challans, failing which, the petitioner-company would be liable to pay Rs. 55,62,000/- being twice the market value of the minerals in question otherwise first information report would be lodged and the minerals would be confiscated. The said letter No. 699 dated 29.03.2017 was never made available to the petitioner, otherwise it would have replied the said letter on time. However, the District Mining Officer, East Singhbhum, Jamshedpur vide letter No. 1231, dated 17.07.2017 again directed the petitioner to pay Rs. 55,62,000/- along with 24% of the interest within fifteen days, as according to the said authority, the petitioner did not submit reply to the letter No. 699, dated 29.03.2017 and thereby admitted its unlawful act of illegal storage of minerals and its trading.
(3.) Learned counsel for the petitioner further submits that the letter No. 1231 dated 17.07.2017 has been issued by the District Mining Officer, East Singhbhum, Jamshedpur in haste without making available the copy of the letter no. 699 dated 29.03.2017 and waiting for appropriate reply to be submitted by the petitioner. In fact, the letter no. 1231 dated 17.07.2017 itself was received by the petitioner on 20th July 2017. The petitioner thereafter submitted its representation along with the relevant documents as demanded vide letter dated 29.03.2017, issued by the District Mining Officer, East Singhbhum, Jamshedpur. It is most arbitrary on the part of the respondent no. 3 to issue demand of Rs. 55,62,000/- without making any factual and legal determination with regard to the alleged violation of Jharkhand Minor Mineral Concession Rules, 2004 (as amended) and Jharkhand Mineral Dealers Rules 2007.;