R.K.MERATHIA, J. - (1.) HEARD the parties finally.
(2.) THE petitioners have challenged Order Nos. 1391, 1386, 1390, 1387 and 1388 dated 16.11.2001 (Annexure 11 series) is sued by the Assistant Mining Officer, Dumka directing them to deposits the amounts mentioned therein. On or about 15.10.1993. demands were raised against the petitioners by the Assistant Mining Officer for Rs. 5,100/ - per month from July, 1998 to September. 1999, being the provisional royalty fixed on a minimum of 5000 sq. ft., per month. The petitioners challenged the said demand vide CWJC No. 3967 of 1994 which was disposed of by order dated 4.5.1996 by passing the following order: In these circumstances the demand of minimum royalty from the petitioner vide annexure 3 is quashed. The respondents are directed to collect from the petitioners the royalty which is payable in accordance with the terms of the lease and in accordance with the provisions of the Bihar Minor Mineral Concession Rule 1972.
(3.) THEREAFTER when demands were raised by the Assistant Mining Officer they were again challenged by filing writ petition being WP (C) No. 3452 of 2001 which was disposed on 2.8.2001 by passing the following order: The petitioners will file a representation with his claim before the Asstt. Mining Officer, Dumka and may bring the decision of this Court including the order dated 4.5.1996 passed in CWJC No. 3957/94. If any such application is preferred by petitioners within three weeks, the Asstt. Mining Officer, Dumka will determine the issue afresh by a reasoned order taking into consideration the Courts decision and communicate the decision to the petitioners within three months from the date of receipt of such representation. It will be desirable for the Asstt. Mining Officer. Dumka to give personal hearing to the petitioners by fixing a date of hearing. Till final decision is taken, the respondents will not take step to recover the amount through certificate proceeding, if no certificate proceeding is initiated till date. The writ petition stands disposed of. with the aforesaid observations.;