PETITIONER:
CENTRAL COALFIELDS
Vs.
RESPONDENT:
H.M.P.
DATE OF JUDGMENT05/05/1993
BENCH:
PUNCHHI, M.M.
YOGESHWAR DAYAL (J)
CITATION:
1994 SCC Supl. (1) 323
ACT
HEADNOTE
JUDGMENT
ORDER 1. The prayer for transferring the petitions pending in the High Courts to this Court is made in these transfer petitions on the ground that the points for determination there are the same as in Writ Petition No. 787 of 1992 pending in this Court. In our opinion it is not necessary to transfer the pending matters from the different High Courts to this Court for this reason alone. Writ petition No. 787 of 1992 and the connected writ petitions involving the same points are pending in this Court and an interim order has been made in Writ Petition No. 787 of 1992 as under:
"Stay granted earlier against recovery of the
dues in respect of the impugned case on
minerals as well as its collection hereafter,
shall continue until further orders. However,
the concerned authorities shall keep accounts
for which purpose the petitioner would fully
cooperate with them, of the amount of case
which would be payable in case the writ
petition is dismissed. The petitioners shall
also furnish written undertaking in this Court
to pay the total amount of cess due from them
in case the petition is dismissed, within the
period of one month from the date of the
decision of the writ petition. The written
undertaking be filed within four weeks from
today. Subject to these conditions, the stay
is to continue, and the State Governments
shall not recover the impugned cess on
minerals in the meantime. Similarly the
petitioners would not be entitled, in the
meantime, to claim any refund of the amount of
cess already paid by them". 2. It is open to the petitioners to apply in the High Courts in the writ petitions pending there, for an interim order in similar terms as has been made by Hon’ble Mr Justice J.S. Verma and Hon’ble Mr Justice G.N. Ray in W.P. (C) No. 787 of 1992 on April 30, 1993. Apart from making the necessary interim orders or modification of the earlier interim order for this purpose, in these writ petitions pending in the High Court, it would be appropriate that further hearing of the writ petitions in the High Courts remains stayed until the decision of Writ Petition No. 787 of 1992 and the connected writ petitions by this Court. 3. With these observations these transfer petitions are disposed of, for the aforesaid reasons. Court Masters 338