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2025 DAILYLAW 12960 (JHR)

M/S MANOJ STONE WORKS REPRESENTED THROUGH ITS PROPRIETOR MANOJ KUMAR GOND v. THE STATE OF JHARKHAND

WPC/4352/2025 · 2025-09-09

Arun Kumar Rai, Sujit Narayan Prasad

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:27426-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2689 of 2025 M/s Zishan Stone Works a proprietorship concern represented through its proprietor Md. Ziaul Rahman aged about 33 years son of Md. Zakim Shaikh both having office at village Jaikisthopur, P.O. & P.S. Manirampur, District Pakur. … Petitioner Versus 1. State of Jharkhand. 2. Dy. Commissioner District cum Magistrate, Pakur, having its office at Collectorate, P.O. & P.S. Pakur, District- Pakur. 3. District Mining Officer, Pakur, having its office at Collectorate, P.O. & P.S. Pakur, District- Pakur. … Respondents With W.P.(C) No. 2366 of 2025 Abinash Kumar Bhagat aged about 35 years son of Pradip Prasad Bhagat resident of Mouza Baliapatra, P.O. & P.S. Maheshpur, District Pakur. … Petitioner Versus 1. State of Jharkhand. 2. Dy. Commissioner District cum Magistrate, Pakur, having its office at Collectorate, P.O. & P.S. Pakur, District- Pakur. 3. District Mining Officer, Pakur, having its office at Collectorate, P.O. & P.S. Pakur, District- Pakur. … Respondents With W.P.(C) No. 2467 of 2025 Navya Stone Works a partnership firm represented through one of its partner Mr. Ashish Kumar Dutta aged about 58 years son of Bamkim Chandra Dutta both having their office at village Netaji Nagar, Ward No.5, P.O. & P.S. Nalhatti, District Birbhum, West Bengal. … Petitioner Versus 1. State of Jharkhand. 2. Dy. Commissioner District cum Magistrate, Pakur, having its office at Collectorate, P.O. & P.S. Pakur, District- Pakur. 3. District Mining Officer, Pakur, having its office at Collectorate, P.O. & P.S. Pakur, District- Pakur. … Respondents With W.P.(C) No. 3948 of 2025 2025:JHHC:27426-DB 2 M/s Rajiv Ranjan Pandey a partnership concern represented through one of its partner Baski Nath Pandey aged about 37 years son of Rajiv Ranjan Pandey both having office at Sindhipara, P.O. & P.S. & District Pakur. … Petitioner Versus 1. State of Jharkhand. 2. Dy. Commissioner District cum Magistrate, Pakur, having its office at Collectorate, P.O. & P.S. Pakur, District- Pakur. 3. District Mining Officer, Pakur, having its office at Collectorate, P.O. & P.S. Pakur, District- Pakur. … Respondents With W.P.(C) No. 3949 of 2025 M/s CEEBEE Stone Works a partnership concern represented through its partner Jitendra Kumar Belani aged about 56 years son of Lt. Parshuram Belani both having office at village+ P.O. Sindhipara, P.S. Pakur, District Pakur. … Petitioner Versus 1. State of Jharkhand. 2. Dy. Commissioner District cum Magistrate, Pakur, having its office at Collectorate, P.O. & P.S. Pakur, District- Pakur. 3. District Mining Officer, Pakur, having its office at Collectorate, P.O. & P.S. Pakur, District- Pakur. … Respondents With W.P.(C) No. 4352 of 2025 M/s Manoj Stone Works a proprietorship concern represented through its proprietor Manoj Kumar Gond aged about 39 years son of Shyamlal Gond both having their office at village Sharkol, P.O. & P.S. Gokulpur, District Pakur. … Petitioner Versus 1. State of Jharkhand. 2. Dy. Commissioner District cum Magistrate, Pakur, having its office at Collectorate, P.O. & P.S. Pakur, District- Pakur. 3. District Mining Officer, Pakur, having its office at Collectorate, P.O. & P.S. Pakur, District- Pakur. … Respondents With W.P.(C) (Filing)No. 4552 of 2025 2025:JHHC:27426-DB 3 Md. Najimuddin aged about 75 years son of Lt. Md. Tahiruddin resident of Kashimnagar, P.O. & P.S. Kashimnagar, District Birbhum. … Petitioner Versus 1. State of Jharkhand. 2. Dy. Commissioner District cum Magistrate, Pakur, having its office at Collectorate, P.O. & P.S. Pakur, District- Pakur. 3. District Mining Officer, Pakur, having its office at Collectorate, P.O. & P.S. Pakur, District- Pakur. … Respondents ---------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI ------- For the Petitioner : Mr. Parth S.A. Swaroop Pati, Advocate For the State : Mr. Sachin Kumar, AAG-II : Mr. Shray Mishra, AC to AG : Mr. Srikant Swaroop, AC to AAG-II : Mr. Shabaz Aktar, Ac to AAG-III --------- Order No.05/ Dated 9th September, 2025 W.P.(C)(Filing) No. 4552 of 2025 1. Learned counsel appearing for the petitioner at the outset has submitted that there are two defects which are defect no.4 pertaining to the pagination of documents at Pages No. 48 to 76 have not been properly paginated and defect no. 5 regarding mining lease deed annexed in Annexure-4 which appears to be incomplete. 2. Learned counsel for the petitioner has submitted that the pagination of these pages i.e., Page No. 48 to 76 have already been carried out and supplementary affidavit dated 04.09.2025 filed annexing the complete document of mining lease deed. Therefore, the said defects have already removed. Hence, there exist defects. 2025:JHHC:27426-DB 4 3. We have verified the aforesaid defects from the document as well as supplementary affidavit dated 04.09.2025 that proper pagination has already been carried out at Page No. 48 to 76 and deed of mining lease at Annexure-4 appears to be completed. Therefore, there is no defect subsisting and thus, defect nos. 4 and 5 are hereby removed. W.P.(C)No. 2689 of 2025, W.P.(C)No. 2366 of 2025, W.P.(C)No. 2467 of 2025, W.P.(C)No 3948 of 2025, W.P.(C)No. 3949 of 2025, W.P.(C)No 4352 of 2025 and W.P.(C) (Filing) No. 4552 of 2025 4. These writ petitions have been listed together for analogous hearing. 5. These matters have been heard together. 6. Prayers have been made for quashing the order dated 29.03.2025 passed by the authority contained in different memo numbers by which the mining leases of the respective petitioners have been terminated for the remainder period and the petitioners have been directed to hand over the leasehold area to the respondents. 7. Mr. Sachin Kumar, learned A.A.G.-II representing the respondent-State in all these writ petitions has submitted that the alternative remedy is available to these petitioners under the Jharkhand Mining Mineral Concession Rule, 2017 and these writ petitions are not maintainable due to availability of the alternative remedy provided under the statute. 8. Upon this, learned counsel appearing for the petitioners has submitted that he may be given such liberty by this Court to 2025:JHHC:27426-DB 5 approach such alternative forum to avail alternative remedy as provided by the statute. 9. This Court, considering the submission made on behalf of the petitioners is disposing of all the writ petitions with a liberty to the petitioners to search out the remedy for redressal of their grievance and accordingly, approach the appropriate forum. If such liberty will be availed within a period of three weeks from the date of receipt of copy of this order, the concerned authority will decide the contention raised against the order impugned, after giving opportunity of hearing to the petitioners, within the further period of 8 weeks. 10. The concerned authority is directed to decide the aforesaid issue independently without being prejudice by the order passed by this Court. 11. The interim stay granted in W.P.(C) No.2689 of 2025 , W.P.(C) No. 2366 of 2025, W.P.(C) No. 2467 of 2025, W.P.(C) No. 3948 of 2025, W.P.(C) No. 3949 of 2025, W.P.(C) No. 4352 of 2025 and W.P.(C) (Filing) No. 4552 of 2025 stands vacated. 12. Accordingly, these writ petitions stand disposed of. 13. The interlocutory Application, if any, also stand disposed of. (Sujit Narayan Prasad, J.) (Arun Kumar Rai, J.) Suman/-