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2019 Supreme(Jhk) 1105

SUJIT NARAYAN PRASAD
V. R. Minerals – Appellant
Versus
State of Jharkhand through the Secretary, Department of Mines and Geology, Govt. of Jharkhand, at Nepal House, P. O. & P. S. Doranda, District Ranchi – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rahul Kumar, Adv.
For the Respondents: Ms. Aparajita Bhardwaj, A.C. to A.G.

ORDER :

1. The writ petition is against the order dated 29.09.2018 by which a demand of Rs.2,25,52,619.83/-has been casted upon the petitioner on the basis of the audit report in consequence of the mining operation excess to its entitlement.

2. It is the specific case of the petitioner that after the report submitted by audit team, show cause notice has been issued to him regarding the extra liability and in pursuance to the said show cause, he has submitted his reply but it is evident from the face of the order that there is no consideration of the response submitted by the petitioner and therefore, the said order cannot be said to be justifiable in the eye of law.

3. Ms. Aparajita Bhardwaj, learned AC to learned AG has submitted that it is the admitted case of the petitioner that he has carried out the mining operation excess of its stipulation made in the terms of the license and the same was found to be confirmed by the audit team, in consequence thereof, a liability of sum of Rs.2,25,52,619.83/-has been casted upon the petitioner and show cause notice has been issued and after considering the content of the show cause notice when it is found to be not satisfactory, the said order

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