Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:21999-DB
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(C) No. 1189 of 2024
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1. Anil Kumar Mehta, aged about 30 years
2. Sunil Kumar Mehta, aged about 28 years Both Son of Akshayabat Mehta resident of Soupura, P.O. Padma, P.S. Barhi District Hazaribag … … … Petitioners
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Hazaribag P.O. and P.S. Sadar, District Hazaribag
3. The District Mining Officer, Department of Mines and Geology, Hazaribag, P.O. and P.S. Sadar, District Hazaribag
4. The District Certificate Officer, Mining, North Chhotanagpur Division, Hazaribag, P.O. and P.S. Sadar, District Hazaribag
… … … Respondents
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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON’BLE MR. JUSTICE ARUN KUMAR RAI ------- For the Petitioners :Mr. Hemant Kumar Shikarwar, Advocate For the Respondent s :Mr. Rakesh Kumar Shahi, A.C. to A.G.
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Order No.03/Dated 06th August, 2025
1. The present appeal is preferred under Article 226 of the Constitution of India for quashing Certificate Case No. 21/2018- 19, along with the order dated 19.12.2023, by which a proclamation order has been issued against the petitioners, and also for quashing the order dated 30.09.2020/04.11.2020, whereby the petitioners have been directed to deposit an amount of ₹1,98,88,305/.
2. A counter affidavit has been filed, raising a serious objection that the factual aspects agitated by the writ petitioners are the subject matter of dispute, and as such, the same can be challenged by the writ petitioner by preferring an appeal under Section 60 of the Bihar and Orissa Public Demands Recovery Act,
1914.
2025:JHHC:21999-DB
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3. Mr. Hemant Kumar Shikarwar, learned counsel for appearing for the petitioner, upon this, has submitted that such liberty may be granted.
4. Considering the aforesaid submission, the writ petition, at this stage, is not being entertained on the ground of availability of alternative remedy of the appeal.
5. With the aforesaid observation, the instant writ petition is hereby stands disposed of.
(Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.)
Umesh/Abhishek