2025:JHHC:27676-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 385 of 2018 With L.P.A. No. 386 of 2018 M/s. Nirmal Kumar Pradeep Kumar, Leaseholder Bihar Iron Ore Mines, having its office at Gandhi Tola, PO & PS-Chaibasa (Sadar), District-West Singhbhum, through its General Manager (Geology), Samar Kumar Das … … Appellant Versus 1. The Union of India, through the Secretary, Ministry of Mines & Steel, New Delhi 2. The State of Jharkhand, through the Principal Secretary, Department of Industries, Mines & Geology, Ranchi 3. The District Mining Officer, West Singhbhum, Chaibasa ... ... Respondents ----- CORAM: HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR For the Appellant : Mr. Indrajit Sinha, Advocate Mr. Ankit Vishal, Advocate For the Respondent-UoI : Mr. Anil Kumar, ASGI Mrs. Niki Sinha, CGC Mr. Abhijeet Kumar Singh, CGC For the Respondent-State : Mr. Gaurav Raj, AC to AAG-II ----- Order No. 30 Dated: 11.09.2025 I.A. No. 9329 of 2025 in L.P.A. No. 385 of 2018 With I.A. No. 9328 of 2025 in L.P.A. No. 386 of 2018 Since the foundation for the amendment already stands incorporated in the unamended appeals, the amendment as proposed is allowed. 2. The present interlocutory applications are accordingly disposed of. 3. The issue raised in both the appeals is whether the District Mining Officer is empowered to pass an order under Section 21(5) of the Mines & Minerals (Development & Regulation) Act, 1957 (hereinafter referred to as “the Act, 1957”) and recover price of the mineral from the persons, who have been granted mining leases? 2025:JHHC:27676-DB 2 4. Admittedly, the power under Section 21(5) of the Act, 1957 to do so is vested in the State Government. 5. Under Section 26(2) of the Act, 1957, the State Government is enabled by notification in the Official Gazette to delegate any power exercisable by it under the statute in relation to matters and subject to certain conditions, if any, as may be specified in the notification to its officer or authority subordinate to the State Government as may be specified in the notification. 6. Learned counsel for the appellant contends that there is no such notification published in the Official Gazette delegating the power under Section 21(5) of the Act, 1957 by the State Government to any officer including the District Mining Officer. 7. Learned counsel for the respondents has produced a proceeding dated 02.07.2005 issued by the Governor of the State of Jharkhand conferring jurisdiction on the District Mining Officer in regard to assessment of “royalty” and its realization for the purposes of Section 24 of the Statute. There is no reference in this notification to sub-section (5) of Section 21 of the of the Act, 1957 or to the delegation of the power conferred on the State Government under that provision to the District Mining Officer. 8. In the absence of such a delegation of the power under Section 21(5) of the Act, 1957 to the District Mining Officer by the State Government, the District Mining Officer has no jurisdiction to exercise such a power and demand the price of the mineral from the appellant, which is said to have been deposited by it, by invoking Section 21(5) of the Act, 1957. 2025:JHHC:27676-DB 3 9. In this view of the matter, both the appeals are allowed and the impugned demand notices issued by the concerned District Mining Officer to the appellant under Section 21 (5) of the Act, 1957 are set-aside. Liberty is, however, granted to the respondents for demanding and collecting the same through the designated authority under the Statute. 10. Amount deposited by the appellant with the respondents during the pendency of the present appeals shall be refunded to the appellant within eight weeks from the date of receipt of a copy of this order. 11. The amount so deposited by the appellant will be refunded by the State Government with an interest @ 7% per annum from the date of making of such deposit, till the date of actual refund to the appellant. 12. All other points raised by the appellant in the present appeals are left open. 13. The pending interlocutory application(s), if any, also stands disposed of. (Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) Manish/Ritesh