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2025 DAILYLAW 23671 (JHR)

HEMANT KUMAR PODDAR v. THE STATE OF JHARKHAND THROUGH ITS CHIEF SECRETARY DEPTT OF INDUSTRIES MINES AND GEOLOGY

WPC/4575/2019 · 2025-06-17

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:15783-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 4575 of 2019 Hemant Kumar Poddar, S/o Krishna Kumar Poddar, R/o Poddar Niket, Near Central Academy School, Bariatu, Ranchi … … Petitioner Versus 1. The State of Jharkhand through its Chief Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi 2. The Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi 3. The District Mining Officer, Palamau 4. The Certificate Officer (Mines), Palamau Circle, Daltonganj … … Respondents ----- CORAM: HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. N.K. Pasari, Advocate For the Respondents : Mr. Ratnesh Kumar, SC (L&C)-I ----- 05/17.06.2025 Heard both sides. 2. The issue raised in the writ petition is covered by the judgment rendered on 04.03.2025 in W.P.(C) No. 3399 of 2019 and other analogous cases and it was held in the said judgment that the District Mining Officer has no jurisdiction to exercise the power conferred by the State Government under Section 21(5) of the Mines & Minerals (Development & Regulation) Act, 1957 and make recovery from the persons like the petitioner, who have been granted mining leases, price of the mineral. 3. In view of the aforesaid judgment, the writ petition is allowed as prayed. (M. S. Ramachandra Rao, C.J.) (Rajesh Shankar, J.) Manish/Ritesh