RANCHI, India, Sept. 18 -- Jharkhand High Court issued the following order on aUG. 19:
1. These writ petitions have been filed under Article 226 of the Constitution of India, issues have been involved in these writ petitions, for the sake of convenience, relief(s) is quoted hereunder:-
(i) For issuance of a writ in the nature of certiorari, quashing all show cause notices issued by the respondents regarding the appropriation of the bank guarantee (performance security) in accordance with clauses 6.3 and 10.3 of the Coal Mines Development and Production Agreement (CMDPA) on various dates, including but not limited to those dated 16.05.2024, 26.05.2023, 21.05.2025, and 04.09.2024.
(ii) Upon quashing the show cause notices, issue a writ of mandamus directing the respondent no. 1 to immediately re-schedule the efficiency parameters contained in Schedule-E of the CMDPA (as amended on 06.05.2015).
(iii) Issue a writ of mandamus commanding the concerned respondents to execute the mining lease in favour of the petitioner without further delay, as all necessary prerequisites for execution have been duly complied with.
(iv) Issue appropriate writs for the restoration of any appropriated amounts of the performance security (bank guarantee), including amounts of Rs. 13,72,64,257/-, Rs. 4,38,24,000/-, Rs. 3,93,88,800/-, etc., along with an order for the respondents to show cause as to the authority under which these amounts are being appropriated.
(v) Issue a writ for quashing any actions based on the Minutes of Meeting dated 20.04.2023, and hold that the respondent no. 3 has no jurisdiction over the hearings, as per the CMDPA and the Coal Mines (Special Provisions) Act, 2015.
2. Learned counsel for the writ petitioners in all these writ petitions seeks leave of this Court to withdraw the writ petitions, with liberty to approach the Tribunal under Section 27 of the Coal Mines (Special Provisions) Act, 2015, by raising all available points, both on facts and law.
3. Mr. Anil Kumar, learned A.S.G.I. appearing for the Union of India is having no objection.
4. Accordingly, all the writ petitions are disposed of with liberty to the writ petitioners to approach the Tribunal, if they so wish, constituted under Section 27 of the Coal Mines (Special Provisions) Act, 2015.
5. The writ petitioners are at liberty to raise all factual as well as legal aspects for consideration in accordance with law.
6. In view thereof, all the writ petitions are disposed of with the liberty as aforesaid.
7. Interim order granted earlier stands vacated. 8. In consequence, thereof, pending I.A. if any also stands disposed of.
Disclaimer: Curated by HT Syndication.
