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