2025:JHHC:26060-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.4078 of 2019 M/S.T.P. Rungta, C/o Late Madan Gopal Rungta, a Partnership Firm, having its Registered Office at 20, Ballygunge Circular Road, Kolkata and Regional Office at the banks of Koyal River, Daltonganj, Palamau, MauzaSua, through its Authorised Signatory Sri Anand Kumar Sharma, aged about 60 years, Son of Late Devi Prasad Sharma, Resident of 14/142, Shantipuri, Daltonganj, P.O. & P.S. Daltonganj, Town- Daltonganj, District-Palamau (Jharkhand). … Petitioner Versus 1. The State Of Jharkhand, through its Chief Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi. 2. Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi. 3. District Mining Officer, P.O. & P.S. Palamau, District-Palamau (Jharkhand). 4. Assistant Mining Officer, P.O. & P.S. Palamau, District-Palamau (Jharkhand). … Respondents ---------- Coram:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI ------- For the Petitioner : Mr. Nitin Kumar Pasari, Advocate Ms. Samiksha Kumari, Advocate For the State : Mr. Ashwini Bhushan, A.C. to Sr.S.C.-II ----- Order No.05/Dated 29.08.2025 1. This writ petition has been filed under Article 226 of the Constitution of India seeking therein the following reliefs:- 2025:JHHC:26060-DB 2 (i) For issuance of an appropriate writ(s) / order(s) /direction(s) for quashing the demand notice as contained in Letter no.1409 dated 23.11.2017 (Annexure 5) issued by the District Mining Officer, Palamau, Medininagar, whereby a sum of Rs.16,30,178.85/- (Rs. Sixteen lakhs thirty thousand one hundred seventy eight and eighty five paise only) has been directed to be paid by 31.12.2017 and Letter no. 1091 dated 24.07.2019 directing upon the Petitioner to pay the outstanding amount together with the interest of Rs.6,18,485/-within seven days. (ii) For further issuance of an appropriate writ / order /direction restraining the Respondents from giving effect to or acting pursuant to the demand notice as contained in letter no. 1091 dated 24.07.2019 (Annexure-8) issued by the District Mining Officer, Palamau, Medininagar. 2. One of the grounds has been taken by the writ petitioner is error in jurisdiction. The District Mining Officer is having no jurisdiction to raise demand as per the provision provided under Section 21(5) of the Mines and Mineral (Development and Regulation) Act, 1957. 3. Learned counsel appearing for the petitioner has submitted that now the power has been delegated by the State Government to the different authorities vide notification dated 06.05.2025. 4. As per the petitioner, the jurisdiction conferred is upon the District Mining Officer to look into the matter. The order has been passed by the District Mining Officer at the time when the jurisdiction has not been conferred, as has been held by the Co-ordinate Division Bench of this Court vide order dated 04.03.2025 passed in WP(C) No. 3399 of 2019 & batch cases. 2025:JHHC:26060-DB 3 5. Hence, the submission has been made to remit the matter before the District Mining Officer of the concerned district. 6. The learned counsel appearing for the State has submitted that the matter may be remitted before the authority conferred with the power vide notification dated 06.05.2025. 7. We have heard the learned counsel for the parties and on appreciation of the submission made on their behalf, is of the view that the State Government through the Mines and Geology Department has come out with the notification in exercise of power conferred under Section 26(2) of the MMDR Act, 1957 conferring power to the authority depending upon the territorial jurisdiction wherein, the demand seems to be confined to the area of the district and as such the District/Assistant Mining Officer has the jurisdiction in pursuance to the aforesaid notification. 8. The demand notice as contained in letter no. 1409 dated 23.11.2017 and letter no. 1091 dated 24.07.2019, in view of the lack of jurisdiction as has been decided by the Co- ordinate Division Bench of this Court is hereby quashed and set aside. 9. The matter is remitted before the District Mining Officer to pass order, afresh. 10. Such order is to be passed within a period of three months from the date of receipt of copy of this order in accordance with law. 2025:JHHC:26060-DB 4 11. This writ petition stands disposed of. 12. Pending IAs, if any, stands disposed of. (Sujit Narayan Prasad, J.) (Arun Kumar Rai, J.) Rajnish/R.K.