2025:JHHC:15926-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 3351 of 2019 M/s. Shri Shyam Kripa, having its office at North Market Road, Upper Bazaar, Ranchi through its proprietor namely Ashok Kumar Dhanuka, son of Late Om Prakash Dhanuka, resident of Flat No. 001, Narmada Apartment, Dam Side, Road No. 2, Green, Kanke Road, P.O. & P.S.- Kanke, District- Ranchi … … Petitioner Versus 1. The State of Jharkhand through the Secretary, Department of Mines and Geology, Government of Jharkhand, Ranchi 2. The District Level Environmental Impact Assessment Authority, through its Member Secretary, Ranchi 3. Jharkhand State Pollution Control Board, through its Member Secretary, Ranchi 4. The Director Mines, Mines Directorate, Department of Mines and Geology, Government of Jharkhand, Ranchi 5. The District Magistrate-cum-Deputy Commissioner, Ranchi 6. The District Mining Officer, Ranchi 7. The Assistant Mining Officer, Ranchi 8. Jharkhand State Mineral Development Corporation Ltd., Ranchi through its Managing Director … … Respondents ----- CORAM: HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Sumeet Gadodia, Advocate Mr. Ranjeet Kushwaha, Advocate Ms. Shruti Shekhar, Advocate Ms. Sanya Kumari, Advocate For the Respondent-State : Mr. Manish Kumar, Sr.S.C.-II Mrs. Nirupama, A.C. to Sr.S.C.-II For the Respondent-JSPCB : Mrs. Richa Sanchita, Advocate Ms. Risheeta Singh, Advocate For the Respondent-JSMDC : Mr. Sachin Kumar, Sr.S.C. Mr. Gaurav Raj, A.C. to Sr.S.C. ----- Order No. 23 Dated: 18.06.2025 In this writ petition, the petitioner has sought quashing of Letter No. 97/M dated 19.01.2019 issued by the District Mining Officer, Ranchi whereby the petitioner has been communicated that the mining lease granted in its favour, which was sanctioned on 05.09.2017, Ranchi, has been cancelled by the Deputy Commissioner through his order dated 11.01.2019. 2025:JHHC:15926-DB 2 2. The petitioner had applied for grant of mining lease in its favour for the area situated at Gram/Mouza- Sorha, Thana- Ranchi, Thana No.- 277, Khata No. 36, Plot No. 512 (part) admeasuring 5.25 acres before the Deputy Commissioner, Ranchi through the Assistant Mining Officer, Ranchi on 13.04.2016 3. The Circle Officer, Namkum through letter dated 06.08.2016 submitted his report to the Assistant Mining Officer, Ranchi. 4. The Divisional Forest Officer, Ranchi also submitted his report to the Assistant Mining Officer, Ranchi on 06.06.2016. 5. The Assistant Mining Officer, Ranchi granted the Letter of Intent in favour of the petitioner on 08.11.2016. 6. The Assistant Mining Officer, Ranchi on 06.06.2017 also approved the mining plan submitted by the petitioner. 7. The proposal for the grant of environmental clearance submitted by the petitioner was appraised by the District Level Expert Appraisal Committee, Ranchi, in its 17th meeting held on 24.08.2017 and the said committee duly recommended for grant of environmental clearance in favour of the petitioner. 8. On 26.08.2017, the petitioner was also granted the environmental clearance by the District Level Environment Impact Assessment Authority, Ranchi for the area in question for which application for mining lease was applied by the petitioner. 9. Thereafter, the Deputy Commissioner, Ranchi also granted sanction of mining lease to the petitioner through order dated 05.09.2017. 10. The Assistant Mining Officer, Ranchi, through letter dated 2025:JHHC:15926-DB 3 12.10.2017, directed the petitioner to file the requisite documents. 11. However, due to unavoidable circumstances, the petitioner could not comply the said direction within the time period stipulated in the said letter. The petitioner thereafter approached the office of the District Mining Officer, Ranchi for deposit of documents as asked for on 12.10.2017. 12. The petitioner was then informed that the grant of mining was deemed to have been revoked as time barred and it was further directed to apply again for the grant of mining lease. 13. Challenging the same, the petitioner filed a Revision petition before the court of the Mines Commissioner, Ranchi, being Revision Case No. 173 of 2017. 14. On 12.06.2018, the Mines Commissioner, Ranchi set aside the deemed revocation and remitted the matter back to the Deputy Commissioner, Ranchi, with a direction to examine the matter afresh on merit and pass a speaking order within 30 days. 15. Since nothing was done for execution of mining lease, the petitioner filed representations before the District Mining Officer, Ranchi. 16. The District Mining Officer, Ranchi, through letter no. 97/M dated 19.01.2019, informed the petitioner that the sanction order dated 05.09.2017 granted in its favour was cancelled by the Deputy Commissioner, Ranchi by his order dated 11.01.2019. 17. Assailing the same, this writ petition has been filed. 18. In Letter No. 97/M dated 19.01.2019 communicated by the District Mining Officer, Ranchi to the petitioner, there is a reference 2025:JHHC:15926-DB 4 to a letter of the Jharkhand State Pollution Control Board dated 07.12.2018 and also to the order of the Deputy Commissioner, Ranchi dated 11.01.2019. 19. The communication dated 19.01.2019 of the District Mining Officer, Ranchi states that according to the letter of the Jharkhand State Pollution Control Board dated 07.12.2018, there are mountains in the area and the mining activity will affect them and with a view to protect the mountains, the mining leases cannot be granted. 20. This Court, after hearing the parties on 17.06.2025, asked the counsel for the State Government to file a sworn affidavit that no mining has been permitted in the State of Jharkhand in any mountainous region. 21. Today, the counsel for the State, on oral instruction from the Secretary, Department of Mines and Geology, Government of Jharkhand, Ranchi, states that there is no prohibition for grant of mining lease in mountainous region. 22. Thus, it is clear that the State Government had been granting in the past mining leases in the mountainous regions also and even in the very case of the petitioner when he applied for the mining lease on 13.04.2016, the Circle Officer, Namkum, the Divisional Forest Officer, Ranchi, the Assistant Mining Officer, Ranchi, the District Level Expert Appraisal Committee, Ranchi and even the Deputy Commissioner, Ranchi had granted requisite permission as set out above. 23. It is shocking that a false reason has been assigned by the 2025:JHHC:15926-DB 5 Deputy Commissioner, Ranchi in his proceeding dated 11.01.2019, which order/proceeding has never been furnished to the petitioner. 24. More importantly, the petitioner has brought to the notice of this Court that the State of Jharkhand itself had issued a notification as contained in Memo No. 1080/M dated 16.06.2021 reserving the mining lease area to be allotted in favour of the Jharkhand State Mineral Development Corporation Ltd. 25. This conduct of the respondents itself belies their stand that there is a prohibition for issuance of mining leases in mountainous region. 26. The counsel for the respondents sought to contend that the proceeding in Memo No. 1080/M dated 16.06.2021 was subsequently cancelled obviously to get over the difficulty which they have themselves created. 27. We are convinced that in the facts and circumstance of the case, the Deputy Commissioner, Ranchi ought to have consulted the Mining Department of the State of Jharkhand instead of the Jharkhand State Pollution Control Board to verify whether or not mining leases were being granted in mountainous regions. It is inexplicable that he chose to get the information from the Pollution Control Board and not from the Mining Department of the State Government. 28. Since the basis of the order dated 11.01.2019 of the Deputy Commissioner, Ranchi is totally false and is belied by the records in the instant case, we hold that the said order has been passed for ulterior reasons with a malafide intention by the said official. 2025:JHHC:15926-DB 6 29. Therefore, the order dated 11.01.2019 of the Deputy Commissioner, Ranchi as well as the consequent communication dated 19.01.2019 of the District Mining Officer, Ranchi are both set aside; the writ petition is allowed with cost of Rs.2,00,000/- (Rupees Two Lakhs) to be paid by the then Deputy Commissioner, Ranchi to the petitioner and the respondents are directed to execute the lease deed pursuant to the sanction letter dated 05.09.2017 granted in favour of the petitioner, within six weeks. (M. S. Ramachandra Rao, C.J.) (Rajesh Shankar, J.) Manish/Ritesh