- (1.) HEARD Shri Pradip Kumar Prasad, counsel for the petitioner and JC to SC (Mines) for the respondent State.
(2.) CHALLENGE in this writ application is to the order dated 22.5.2007 (Annexure -7) passed by the respondent no. 2, whereby the petitioner's appeal filed against the order dated 15.2.1999 passed by the Certificate Officer (Mines), North Chhotanagpur Circle, Hazaribagh (Respondent No. 3), was dismissed. Facts of the petitioner's case in short is that he used to manufacture bricks for his livelihood. A notice was served upon him by the District Mining Officer, Hazaribagh on 15.1.1998, directing him to show -cause as to why a sum of Rs. 24,500/ - should not be recovered from him on the ground of violation of Rule 26A and 40 of the Bihar Mines and Minerals Act and Rules, 1972 for manufacturing bricks without possessing licence. Yet, a second notice dated 27.5.1998 was served upon him making a demand of Rs. 29,030/ - on the ground that he was found indulging in illegal manufacture of bricks between 1997 -98. Upon the petitioner's failure to pay the demanded amount, the Assistant Mining Officer, Hazaribagh initiated a certificate case against the petitioner filed before the Certificate Officer (Mines), Hazaribagh vide Certificate Case no. 17 of 1998 -99 for recovery of a sum of Rs. 54,055/ - and for which, a notice was served upon him on 21.10.1998 by the Certificate Officer.
(3.) THE petitioner submitted his objection to the notice under the provisions of section 9 of the P.D.R. Act, denying his liability to pay the certificate amount and also informing that he had already deposited a sum of Rs. 25,580/ - in the District Mining Office, Hazaribagh on 15.3.1997 on account of royalty for the bricks manufactured during the year 1996 - 97 and had also deposited a sum of Rs. 25,580/ - on 29.1.1999 towards royalty for the bricks manufactured during the years 1998 -99. In spite of the objection raised by him, the respondent Certificate officer proceeded to issue certificate for recovery of the certificate amount of Rs. 54,055/ - along with interest thereon, from the petitioner.;