Zubir Ahmad Alias Zubair Ahmad Vs State of… — Writ and Judicial Review | Jharkhand HC (2025)

Zubir Ahmad Alias Zubair Ahmad Vs State of… — Writ and Judicial Review | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to submit his reply before the District Mining Officer, Seraikella-Kharswan on or prior to the hearing date fixed on 18.09.2025; the District Mining Officer to pass order in accordance with law within three weeks from receipt of the reply; if no reply is filed, the District Mining Officer to take final decision in accordance with law.

Issue for consideration

Whether the demand of Rs. 9,45,660/- raised by the District Mining Officer, Seraikella-Kharswan vide letter No. 434/M dated 24.08.2020, imposing penalty, DMFT charges and Income Tax for the Brick Years 2015-2016 to 2018-2019, ought to be quashed.

Court's answer

Considering the petitioner's submission that he intends to put his defence before the District Mining Officer, the Court disposed of the writ petition with liberty to the petitioner to avail the opportunity given by the District Mining Officer, Seraikella, Kharswan.

Ratio / Principle

The petitioner may submit his reply on or prior to the date of hearing fixed on 18.09.2025.

Key takeaways

On receipt of such reply, the District Mining Officer, Seraikella-Kharswan shall pass order in accordance with law within three weeks from the date of receipt of the reply.ratio¶27
If the reply is not filed by the petitioner, the concerned District Mining Officer will take final decision in the matter in accordance with law.ratio¶28

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution of India challenging a demand of Rs. 9,45,660/- raised by the District Mining Officer, Seraikella-Kharswan vide letter No. 434/M dated 24.08.2020 (Annexure-1), imposing penalty, DMFT charges and Income Tax for the Brick Years 2015-2016, 2016-2017, 2017-2018 and 2018-2019 for non-deposit of consolidated royalty under Schedule-III, non-obtaining of permit under Rule 32, EC from MOEF and CTO from the State Pollution Control Board. In view of the petitioner's intention, reflected in Annexure-A to the supplementary counter-affidavit dated 15.09.2025, to put forward his defence before the District Mining Officer on the scheduled date of 18.09.2025, the Division Bench (Sujit Narayan Prasad and Arun Kumar Rai, JJ.) disposed of the writ petition with liberty to the petitioner to avail the said opportunity: the petitioner may file his reply on or prior to 18.09.2025; on receipt of the reply the District Mining Officer shall pass order in accordance with law within three weeks; and if no reply is filed, the District Mining Officer shall take final decision in accordance with law.

( 2025:JHHC:28114-DB )

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(C) No. 2925 of 2020

Zubir Ahmad @ Zubair Ahmad, aged about 48 years, son of Nurul Ahmad @ Nurul Azim, Resident of Gwala Para, Jugsalai, P.O and P.S. Jugsalai, town-Jamshedpur, District: East Singhbhum

… Petitioner

Versus

The State of Jharkhand 2. District Mining Officer, Seraikella-Kharswan .. Respondents

----------

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

-------

For the Petitioner : Mr. Shankar Lal Agarwal, Advocate : Ms. Ayushi, Advocate For the State : Mr. Srikant Swaroop, AC to AAG-II ---------

Order No.10/ Dated 15^th September, 2025

Learned counsel for the State has prayed to this Court to accept the supplementary counter- affidavit which is being filed in pursuant to the order dated 27.08.2025. It has been submitted that the copy of the same has been served upon to the learned counsel for the petitioner.

The learned counsel for the petitioner has submitted that he has received the copy of the supplementary counteraffidavit.

The said affidavit is taken on record.

The writ petition has been filed under article 226 of the Constitution of India seeking the following reliefs:-

i) For quashing the demand as contained in letter No. 434/ M dated 24.08.2020 (Annexure-1) raised by

( 2025:JHHC:28114-DB )

District Mining Officer, Seraikella-Kharswan (Respondent No.2), whereby and whereunder he has been pleased to raise a demand of Rs. 9,45,660/(Rupees Nine lakhs forty five thousand six hundred sixty) only, imposing penalty, DMFT charges, Income Tax for the Brick Years 2015-2016, 20162017, 2017-2018 and 2018-2019, for not depositing consolidated amount of royalty as prescribed under Schedule-III and not obtaining permit under Rule 32 and also not obtaining EC from MOEF and CTO from State Pollution control board, assessing the demand on the basis of the price fixed by Auditors for the Mouza: Kulup Tanga, Plot No. 727 (P), Area 2.5 Acres in the District of Seraikella-Kharswan and further directed to pay the amount within 15 days.

ii) Further for any other relief/reliefs to which the petitioner may be found entitled with.

Mr. S.L Agarwal, the learned counsel for the petitioner, in view of Annexure-A appended to the supplementary counter-affidavit dated 15.09.2025 has submitted that the petitioner intends to put his defense before the District Mining officer, where the scheduled date has been referred as 18.09.2025.

The learned counsel for the petitioner has submitted that in view thereof, the instant writ petition may be disposed of with the liberty to the writ petitioner to submit his reply to the District Mining Officer, Seraikella, Kharswan.

2

( 2025:JHHC:28114-DB )

This Court considering the aforesaid submissions is disposing of the writ petition with liberty to the writ petitioner to avail the opportunity as has been given by the District Mining Officer, Seraikella, Kharswan.

The petitioner since intending to submit his reply, he may do so on or prior to the date of hearing which has been fixed on 18.09.2025.

The District Mining Officer, Seraikella-Kharswan, with the receipt of such reply shall pass order in accordance with law within three weeks from the date of receipt of the reply.

10. It is made clear that if the reply will not be filed by the petitioner, then the concerned District Mining Officer will take final decision in this matter, in accordance with law.

11. Accordingly, the writ petition stands disposed of.

(Sujit Narayan Prasad, J.)

(Arun Kumar Rai, J.)

15^th September, 2025

Suman/Abha

3