JHARKHAND HIGH COURT ISSUES ORDER ON OM HINDALCO INDUSTRIES V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, Sept. 23 -- Jharkhand High Court issued the following order on Aug. 22:

1. The instant writ petition has been filed under Article 226 of the Constitution of India, challenging the demand raised against the petitioner, dated 11.06.2025 (Annexure-7).

2. Learned counsel appearing for the petitioner has submitted that the present writ petition may be disposed of in terms of the order passed by the Coordinate Bench of this Court on 29th July, 2025, in W.P.(C) No. 3636 of 2025.

3. Mr. Sachin Kumar, learned A.A.G.-III appearing for the State of Jharkhand, has submitted that there is no difficulty in disposing of the present writ petition in terms of the aforesaid order. However, it is submitted that the petitioner may be directed to avail the said remedy within a specified period, and if the petitioner fails to appear, the authority may be left at liberty to proceed on the basis of the demand issued against the petitioner.

4. We have heard learned counsel for the parties and, after appreciating the arguments advanced on their behalf, have perused the order passed by the Coordinate Bench dated 29th July, 2025, in W.P.(C) No. 3636 of 2025, wherein a similar demand notice dated 17.06.2025, issued by the District Mining Officer, Lohardaga, was challenged. The said notice was also issued against the present petitioner, but in relation to a different subject matter from that in W.P.(C) No. 3636 of 2025.

5. The Coordinate Bench declined to interfere with the said demand and dismissed the writ petition in limine, with liberty to the petitioner to agitate all points before the concerned authority.

6. The impugned demand herein is also of a similar nature, wherein time has been granted to the petitioner to put forth his defence within a period of 15 days. Accordingly, the present writ petition is also dismissed in limine, in terms of the order passed by the Coordinate Bench of this Court dated 29th July, 2025, in W.P.(C) No. 3636 of 2025, with liberty to the petitioner to raise all points before the concerned authority.

7. If the petitioner approaches the authority within a period of 15 days from today, the authority shall take a final decision in accordance with law. However, if the petitioner fails to submit his defence within the aforesaid period, the authority shall be at liberty to proceed in pursuance of the said demand notice.

8. Accordingly, the instant writ petition is dismissed and as such disposed of.

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