Panem Coal Appeal Dismissed for Non‑Prosecution

Authority: High Court of Jharkhand at Ranchi (Letters Patent Appellate Jurisdiction)

Order Date: 14th August 2023

Case Overview

• Appellant: M/s Panem Coal Mines Limited, registered office 6 Purbi Marg, Vasant Vihar, New Delhi‑110057; branch office Amrapara, District‑Pakur (Jharkhand); authorized signatory Barun Kumar Ghosh, aged about 59 years, s/o late Amrendra Kumar Ghosh, residing at 5B, Nandalal Basu Sarani, PO & PS‑Nandalal Basu Sarani, District‑Kolkata (West Bengal).
• Respondents:

1. The State of Jharkhand through Principal Secretary, Government of Jharkhand, Ranchi.

2. Department of Mines and Geology, Government of Jharkhand, Ranchi, through its Secretary, PO & PS‑Doranda, District‑Ranchi.

3. Certificate Officer Mines‑cum‑Deputy Director, Santhal Pargans Circle, Dumka, PO & PS‑Dungra, District‑Ranchi.

4. Punjab State Power Corporation Limited, Head Office at the Mall, Patiala‑147001, PO & PS‑Patiala.

• Background: The appellant challenged the order dated 6th April 2022, which dismissed W.P.(C) No. 5512 of 2019 on the ground that an efficacious alternative remedy existed under Section 60 of the Bihar and Orissa Public Demands Recovery Act, 1914.
• Procedural History: The Letters Patent Appeal (L.P.A No. 198 of 2022) was filed on 12th May 2022. The filing contained fourteen (14) procedural defects. The appellant failed to submit a certified copy of the writ court’s order and did not appear before the Court despite being given an opportunity.
• Court Observations: The Court examined the records for more than ten (10) minutes and found no representation on behalf of the appellant. The defects and non‑production of the certified order were highlighted as reasons for non‑prosecution.

Final Outcome

• The High Court dismissed the Letters Patent Appeal for non‑prosecution, thereby upholding the original order dated 6th April 2022 that dismissed W.P.(C) No. 5512 of 2019.

Topics: Legal Proceedings, Mining Sector