IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11614 of 2008 DHANANJAY SINGH Versus THE STATE OF BIHAR & ORS ----------- 02 01.09.2008 The petitioner is faced with a proceeding under the Public Demand Recovery Act for alleged failure to deposit the royalty and other charges due, as a consequence of settlement of Balu Ghat in his favour. It was first submitted that these dues arise out of contract and are not public demand. I am not impressed. The settlement is made under the provisions of the Mines and Minerals Development Regulation Act and the Rules framed, thereunder. The amounts payable are in shape of royalty and cess due to the State under the Act, which partakes the nature of tax and under the Act is recoverable, as arrears of land revenue, which admits it to be a public demand. It is next contended that the settlement having being awarded to the petitioner. The Parwana was issued late and then it was terminated before the full term, as such, the petitioner was prevented from exploiting the Parwana for the entire year and as such he is entitled to a proportionate remission in the amount payable. This Court in writ jurisdiction is still to decide the factual controversy with regard to this second submission. It depends on various factors and on various facts being proved. Petitioner would well advised to move the Deputy Director, Mines, Magadh Circle, Gaya with a detailed representation in this regard claiming remission, who would decide the entitlement of remission by speaking order after hearing the parties and communicate the same to the petitioner within two months from the date when such a representation is received in the Office of the - 2 - Deputy Director, aforesaid. In case, the Deputy Director finds remission is due to the said extent, the certificate proceedings would stand amended and in case, it is found that no remission is due the certificate proceedings would continue in accordance with law, subject to such other objections, which the petitioner may raise before the same in the said proceedings for a period of three months from today. The certificate proceedings being Certificate Case No. 01 of 2008-09 pending before the Certificate Officer (Mines) Magadh Circle, Gaya shall remain stayed. In my view this disposes of the writ petition. Trivedi/ (Navaniti Prasad Singh,J.)