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2025 DAILYLAW 15532 (JHR)

KAMAL KISHOR SAO v. THE STATE OF JHARKHAND

WPC/3217/2025 · 2025-07-08

Rajesh Shankar

body2025

Judgment text

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2025:JHHC:18197-DB -1 of 2- IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 3217 of 2025 Kamal Kishor Sao, aged about 47 years, son of Sri Shambhu Nath Sao, resident of Village-Udaipur, P.O. – Kalyanpur, P.S. Barwadda, District – Dhanbad ... ... Petitioner Versus 1. The State of Jharkhand 2. Secretary, Department of Mines And Geology having office at Nepal House, Doranda, P.O. and P.S. Doranda, District – Ranchi 3. District Mining Officer, Dhanbad, P.O. and P.S. Dhanbad, District – Dhanbad ... Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the Petitioner : Ms. Ayushi, Advocate. Mr. S. L. Agarwal, Advocate. For the State : Mr. Mrinal Kanti Roy, G.A.-I Mr. Chandan Tiwari, A.C. to G.A.-I --------- 02/Dated: 08.07.2025 1. Counsel appearing for the petitioner has raised the issue of applicability of the Rules 30, 31 and 32 of the Jharkhand Minor Mineral Concession Rule, 2004 under which the response has been sought for from the petitioner by making an imputation of violation of statutory requirement as contained therein. 2. The validity of the provision of Rule 65 i.e. the Power of Appeal, vested with the Deputy Commissioner is also the another prayer made in this Writ petition. 3. However, after some arguments counsel appearing for the petitioner seeks leave of this Court to withdraw the Writ petition with a liberty to prefer the appeal in order to raise the factual aspects for its consideration by the appropriate forum. 4. There is no opposition by the counsel for the respondents. 2025:JHHC:18197-DB -2 of 2- 5. Considering the same and without entering into the merit of the case, this Writ petition is disposed of with liberty to the petitioner to search out the alternative remedy for redressal of his grievance. 6. Considering the same, this Writ petition stands dismissed as withdrawn and as such disposed of. (M. S. Ramachandra Rao, C.J.) (Rajesh Shankar, J.) APK/VK