IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C). No.4477 of 2017 ------ 1. M/s King Bricks, a proprietorship firm having its place of business at Murgagutu, P.O. & P.S. Jadugora, District- East Singhbhum through its Partner Sanjay Kumar, Son of Shaldeo Shah, resident of Ratan Market, Chhota Govindpur, P.O. and P.S. Govindpur, Town-Jamshedpur, District-Singhbhum East. 2. Dilip Kumar Jaluka, Son of Late Banwari Lal Jaluka, having its place of business at Village-Bhagabandh, P.O. M.G.M., P.S. M.G.M., Town-Jamshedpur, District-East Singhbhum, Resident of 26 Punjabi Line, Mango, P.O. and P.S. Mango, Town- Jamshedpur, District-East Singhbhum, 3. M/s. Savera Bricks, a proprietorship firm having its place of business at Palashbani, P.O. and P.S. M.G.M. Town Jamshedpur, District-East Singhbhum through its proprietor Ramawtar Singh, Son of Prabhunath Singh, resident of holding No.6, Daiguttu, Mango, P.O. and P.S. Mango, Town- Jamshedpur, District-East Singhbhum. 4. M/s. Kamal Bricks, having its place of business at Karnidih, P.O. and P.S. Chandil, District-Seraikella, Kharsawan, through its proprietor, Shri Pritpal Singh S/on Late Kartar Singh, resident of Jawahar Nagar, Mango, P.O. and P.S. Mango, Town- Jamshedpur,. District-East Singhbhum. 5. Atikur Rahman, son of Motikur Rahman, having his place of business at Ragadih, P.O. and P.S. Gamharia, District-Seraikella Kharsawan. 6. Santosh Hembrom, son of Late Chara Hembrom, having his place of business at Gidibera, P.O. and P.S. Kandra, District- Seraikella Kharsawan. 7. Harelal Mandal, Son of Kalipada Mandal, having his place of business at Village Buradih, P.O. and P.S. Kandra, District- Seraikella Kharsawan. 8. Zuber Ahmad, son of Late Nurul Azim, resident of Kuluptanga, P.O. and P.S. Adityapur, District-Seraikella Kharsawan, 9. M/s. K.S.S. Bricks having its place of business at Purisilly, Post Office and P.S. Kapali, Town-Jamshedpur, District-East Singhbhum through its proprietor Kailashpati Singh, son of R.L. Singh, resident of Kunwar Basti Mango, P.O. and P.S. Mango, Town, Jamshedpur, District-East Singhbhum. 2 WP(C) No.4477 of 2017 10. Atikur Rahman, son of Motikur Rahman, having his place of business at Village Bhatia, P.O. and P.S. Adityapur, District- Seraikella Kharsawan. 11. Bijay Biswas, son of Late J.M. Biswas, having place of business at Saharbera, P.O. & P.S. Chandil, District-Seraikella Kharsawan. 12. Om Bricks, having its place of business at Murdkati, P.O. Barajori, P.S. Ghatsila, District-East Singhbhum through its proprietor Bala Prasad Agarwal, son of Late Ramji Lal Agarwal, resident of Ghatsila, P.O. and P.S. Ghatsila, District- East Singhbhum. 13. Bala Prasad Singhania & Sons, having place of business at Murakati, P.O. Barajori, P.S. Ghatsila, District-East Singhbhum through its Karta of Hindu Undivided Family Bala Prasad Agarwal, son of Late Ramjilal Agarwal, Resident of Village- Murakati, P.O. Barajori, P.S. Ghatsila, District-East Singhbhum. 14. Anand Brick Products, having its place of business at Chandanpur, P.O. Chandanpur, P.S. Shyamsundarpur, District- East Singhbhum through its proprietor Bala Prasad Agarwal Son of resident of Late Ramji Lal Agarwal, resident of Ghatsila, P.O. and P.S. Ghatsila, District-East Singhbhum. 15. Shyam Bricks, having its place of business at Plot No.32, ShyamSundarpur, P.O. and P.S. Shyamsundarpur, Dist- East Singhbhum, through its proprietor Somnath Goswami, son of G.M. Goswamy, resident of and P.O., P.S. Shyamsundarpur, District-East Singhbhum. 16. Shyam Bricks, having its place of business at Plot No.31, Shyamsundarpur, P.O. & P.S. Shyamsundarpur, District-East Singhbhum through its proprietor- Somnath Goswami son of G.M. Goswamy, resident of and P.O. & P.S. Shyamsundarpur, District-East Singhbhum. 17. Baba Bricks, having its place of business at Kartia at Mouza Raghunathpur, P.O. Koini, P.S. Baharagora, District-East Singhbhum, through its proprietor Satya Ranjan Pal, son of Sri Antaryami Pal, resident of Village Hatibari, P.O. and P.S. Kartia, District-Midnapore (West). 18. Maruti Bricks, having its place of business at Mouza 3 WP(C) No.4477 of 2017 Murathkura, P.O. and P.S. Chakulia, District-East Singhbhum through its proprietor Navin Kumar Kedia, son of Sri Nawranglal Kedia, Resident of Chakulia, P.O. and P.S. Chakulia, District-East Singhbhum. 19. Jain Brothers, having its place of business at Tetuldanga, P.O. and P.S. Dhalbhumgarh, District-East Singhbhum through its proprietor Shyam Sundar Jain, son of Late Murali Lal Jain, resident of Main Road Ghatsila, P.O. and P.S. Ghatsila, District- East Singhbhum, 20. M/s. Bihar Bricks Products having its place of business at Mouza Kharsati, P.O. and P.S. Ghatsila, District-East Singhbhum through its proprietor Binod Kumar Gupta, son of late Mahavir Prasad Agarwal, resident of Musabani, P.O. and P.S. Musabani,. District-East Singhbhum, 21. M/s. Jharkhand Clay products having its place of business at Mauza Kasidih, P.O. and P.S. Dumaria, District-East Singhbhum through its proprietor Krishna Bhagat, son of Late Deoraj Bhagat, resident of Musabani, P.O. and P.S. Musabani, District-East Singhbhum. 22. Jain Clay Products, having its place of business at Bhandaria, P.O. and P.S. Bahagora, District-East Singhbhum through its proprietor Satyanarayan Jain, son of Late Fulchand Jain, resident of Main Road, Ghatsila, P.O. and P.S. Ghatsila, District-East Singhbhum. 23. M/s. Jain Clay Works, having its place of business at Govindpur, P.O. and P.S. Baharagora, District-East Singhbhum through its proprietor Sunil Kumar Jain, son of Satyanarain Jain, resident of Main Road Ghatsila, PO & PS Ghatsila, District-East Singhbhum, 24. M/s. Bharat Bricks having its place of business at Mouza Harindhukadi, P.O. and P.S. Dhalbhumgarh, District-East Singhbhum through its proprietor Suresh Kumar Bansal, son of Late Hari Kishan Bansal, resident of Ghatsila, P.O. and P.S. Ghatsila, District-East Singhbhum. 25. Kushwaha Clay Products, having its place of business at Village Mohla, P.O. and P.S. Musabani, District-East Singhbhum through its proprietor Suresh Chandra Prasad, son of Late Deoraj Bhagat, resident of Musabani, P.O. and P.S. Musabani, District-East Singhbhum, 4 WP(C) No.4477 of 2017 26. M/s. Roy Bricks, having its place of business at Amoi Nagar, P.O. and P.S. Ghatsila, District-East Singhbhum, through its proprietor Soumen Roy, Son of Moni lal Roy, resident of Village Gopalpur, P.O. and P.S. Ghatsila, District-East Singhbhum. 27. M/s. Bhartiya Bricks Centre, having its place of business at Bendke, P.O. and P.S. Chakulia, District-East Singhbhum, through its proprietor Amit Bhartiya, Son of Late Hiralal Bhartiya, resident of Village Chakulia, P.O. and P.S. Chakulia, District-East Singhbhum. 28. Puja Bricks having its place of business at Village Amoi Nagar, Ghatsila, P.O. and P.S. Ghatsila, District-East Singhbhum through its Proprietor Damodar Acharya, Son of late H.K. Acharya, R/o Badia Road Musabani, P.O. and P.S. Musabani, District-East Singhbhum. ... ... Petitioners Versus 1. The State of Jharkhand 2. Principal Secretary, Department of Industry, Mines & Geology, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District-East Singhbhum. 3. District Mining officer, Jamshedpur, having office at Circuit House Area, P.O. and P.S. Bistupur, Town-Jamshedpur, District- East Singhbhum. … … Respondents ----- CORAM: HON'BLE MR.JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE NAVNEET KUMAR -------- For the Petitioners : Ms. Ayushi, Advocate For the State : Mr. Saurav Mahto, AC to GP-I -------- Order No. 08/ Dated: 31st January, 2025 The writ petition is under Article 226 of the Constitution of India, seeking therein for following directions:- “(i) An appropriate writ/order/direction for a declaration that Rule 48 of Jharkhand minor mineral Concession Rules, 2004 is not applicable in respect of brick kilns as challan in Form 'M' is for transportation of mineral and brick is not a mineral, the State cannot direct to carry a challan for the 5 WP(C) No.4477 of 2017 transportation of bricks; (ii) An appropriate writ/order/direction that once the declaration made by this Hon'ble Court in favour of the petitioners declaring that no challan is required under Rule 48 of Jharkhand Minor Mineral Concession Rules is applicable in respect of bricks, the conditions mentioned in Condition No.10, 11 are ultra vires, illegal, arbitrary and without jurisdiction as mentioned in form 'H' issued under Rule 31 of Jharkhand Minor Mineral Concession Rules, 2004; (iii) An appropriate writ/order/direction from this Hon'ble Court that consequently for quashing the letter No.1071, dated 3.6.2017 issued by the District Mining Officer, East Singhbhum, Jamshedpur, issued to some of the writ petitioners being Petitioner No.22 Jain Clay Products, whereby the District Mining Officer has mentioned violation of terms and conditions No.11 and 12 of the Permit/License which is also illegal and without jurisdiction;. (iv) And for any other relief(s) for which the petitioner may be found entitled with.” 2. Learned counsel appearing for the petitioners has submitted by placing an order passed in WP(C) No.3484 of 2017 with W.P. (C) No.2914 of 2017 for disposal of the present writ petition on the ground that the representation for redressal of the grievance has been filed as it would appear from the statement made in para 27 of the writ petition. 3. The submission has been made that exactly on the said ground the coordinate bench of this Court has disposed of both the writ petitions i.e. WP(C) No.3484 of 2017 with W.P. (C) No.2914 of 2017 vide order dated 16.10.2023. 4. Learned counsel appearing for the State has no objection in disposal of the said writ petition in terms of order dated 16.10.2023 passed in WP(C) No.3484 of 2017 with W.P. (C) No.2914 of 2017. 5. This Court after taking into consideration the submission made on behalf of the parties as also taking into consideration the fact that the representation is lying pending for its consideration before the authority concerned as it would appear from para 27 of the writ petition and the similar order has been passed by the co-ordinate 6 WP(C) No.4477 of 2017 Bench, hence is of the view that the present writ petition is also being disposed of in terms of order dated 16.10.2023 passed in WP(C) No.3484 of 2017 with W.P. (C) No.2914 of 2017. 6. Accordingly, the writ petitioners are at liberty to file their fresh representation(s) before the District Mining Officer, Jamshedpur within a period of four weeks from the date of receipt of the copy of the order. 7. The District Mining Officer, Jamshedpur, East Singhbhum is directed to take decision in accordance with law preferably within a period of two months from the date of receipt of copy of this order. 8. Accordingly, the writ petition is disposed of. 9. Pending IAs, if any, stand disposed of. (Sujit Narayan Prasad, J.) (Navneet Kumar, J.) Basant/S.Das