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2025 DAILYLAW 23655 (JHR)

RAJESH KUMAR SAHU v. THE STATE OF JHARKHAND

WPC/5495/2024 · 2025-04-29

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:12772-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 5495 of 2024 Rajesh Kumar Sahu, S/o Basudev Sahu, Salegutu, Bakaspur, PO- Sale Gutu, PS-Kamdara, District-Gumla… … Petitioner Versus 1. The State of Jharkhand 2. The Secretary, Department of Mines & Geology, Ranchi 3. The Deputy Commissioner, Gumla 4. The District Mining Officer, Gumla 5. The District Mining Officer, Khunti … … Respondents ----- CORAM: HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Raj Nandan Chatterjee, Adv. Dr. Nishi Rani, Advocate Ms. Akansha Basundra Raje, Adv. For the Respondents : Mr. Aditya Raman, AC to GA-III ----- 05/29.04.2025 This writ petition is filed challenging the order dated 31.01.2024 of the respondent no. 4 – the District Mining Officer, Gumla, which was also affirmed vide order dated 29.06.2024 passed by the respondent no. 3 – the Deputy Commissioner, Gumla in Mining Appeal No. 144/2023-24. 2. It is not in dispute that a show cause notice dated 03.11.2023 was issued to the petitioner; the petitioner submitted his reply on 21.11.2023 to the respondent no. 4; but without referring to any contention raised by the petitioner in the said reply, the respondent no. 4 passed an order on 31.01.2024 cancelling the storage licence granted to the petitioner. 3. Even the Appellate Authority (the respondent no. 3), simply believing the allegation contained in the show-cause notice, has affirmed the said order vide Annexure-9 dated 29.06.2024 without conducting any enquiry into the allegation levelled against the petitioner in the show-cause notice, and without considering the explanation given by the petitioner. 2025:JHHC:12772-DB 2 4. Therefore, the orders dated 31.01.2024 passed by the respondent no. 4 as affirmed in the order dated 29.06.2024 passed by the respondent no. 3 are both set-aside and the matter is remitted to the respondent no. 4 for reconsideration. 5. The respondent no. 4 shall provide a personal hearing to the petitioner and then pass a reasoned order in accordance with law and communicate to the petitioner. 6. The respondent no. 4, who passed the order dated 31.01.2024 against the petitioner, shall pay a cost of Rs.25,000/- to the petitioner within four weeks from today. 7. This writ petition is accordingly disposed of. (M. S. Ramachandra Rao, C.J.) (Rajesh Shankar, J.) Manish/Ritesh