IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2436 of 2025 ----

One Up Minerals & Infrastructure Private Limited, having its registered office at 603, 6th Floor, Panchwati Tower, Harmu Bye Pass Road, P.O. G.P.O., P.S. Sukhdeo Nagar, District Ranchi, through its Authorized Signatory, namely, Anupam Sinha, aged about 50 years, son of Late Suresh Prasad Sinha, resident of Qr. No.D/87, Harmu Housing Colony, P.O. & P.S.

Doranda, District Ranchi (Jharkhand).

… Petitioner Versus

1. The State of Jharkhand, through the Secretary, Mines & Geology, having its office at Nepal House, P.O. Doranda, P.S.

Doranda, District Ranchi, Jharkhand.

2. Deputy Commissioner, Ramgarh, P.O. & P.S. Ramgarh, District Ramgarh (Jharkhand).

3. The District Mining Officer, Ramgarh, P.O. & P.S.

Ramgarh, District Ramgarh (Jharkhand).

… … Respondent -------

CORAM :HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI ------

For the Petitioner : Mr. Ajay Kumar Sah, Advocate For the Respondents : Mr. Rajiv Ranjan, Advocate General Mr. Shray Mishra, AC to AG --------

Order No. 28 : Dated 5^th December, 2025 Per Sujit Narayan Prasad, J:

1. The instant writ petition has been filed, under Article

226 of the Constitution of India, for the following relief(s):

“(a) For issuance of an appropriate writ(s) / order(s) /direction(s) particularly writ in the nature of certiorari for quashing of order contained in Memo No. 385 dated 07.03.2025 (Annexure-7) issued under Seal and Signature of District Mining Officer, Ramgarh wherein District Mining Officer, Ramgarh has been pleased to quantify the penalty / fine of Rs. 27,55,291/- (for nine trucks) and further directed the petitioner to pay a sum of Rs. 13,77,647/- as balance penalty amount within the period of 15 days of the receipt of the order.

(b) Upon quashing of the order dated 07.03.2025 (Annexure-7) further writ/s, order/s or direction/s may be issue upon the respondent to return the penalty amount of Rs. 13,77,647/-alongwith statutory interest @ 12% Per Annum, which has already been paid to the concerned department earlier.

(c) Further issuance of an appropriate writ, order or direction, restraining the respondent to take any coercive steps for recovery of the balance penalty amount of Rs. 13,77,647/- in light of order dated 07.03.2025 passed by the District Mining Officer, Ramgarh.”

2. The petitioner is a company registered under the Companies Act, 1956 engaging itself in business of producers, importers, exporters etc.

3. The petitioner purchased coal from Central Coalfields Limited under e-auction process time to time. One company, namely, M/s Adhunik Alloys and Power Ltd. had placed orders with the petitioner-company for sale of coal and the said coal was to be delivered to the plant of M/s Adhunik Alloys and Power Ltd., situated at Kandra, District-Saraikella-

Kharsawan.

4. It is the case of the writ petitioner that nine trucks loaded with the coal were apprehended by the office-in-charge of Kuju Outpost and on 03.02.2013, the Mining Inspector, Ramgarh visited Kuju Outpost police station and verified documents available on truck relating to transport of coal.

5. Petitioner was served with an order contained in letter no. 227/khanan, Ramgarh dated 05.02.2013 issued under the signature of the Assistant Mining Officer, Ramgarh, under Section 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957, directing the petitioner to pay a sum of Rs.13,77,644/-(for 9 trucks) for allegedly transporting coal without transit permits(challans), and, therefore, penalty equivalent to the value of coal was imposed upon the petitioner with a direction to pay the same within two days.

6. Petitioner was coerced to pay the aforesaid amount of Rs.13,77,644/- by way nine different demand drafts, all dated 06.02.2013. Thereafter, Assistant Mining Officer, Ramgarh, vide letter no. 239 dated 06.02.2013 issued „No Objection‟ for release of the vehicles and the goods.

7. Under the aforesaid circumstance the petitioner prefer