Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 25232 (JHR)

M/S KARAMBI STONE WORKS , THROUGH ITS PROPRIETOR NAMELY , MD EHTESHAM v. THE STATE OF JHARKHAND, THROUGH THE SECRETARY, DEPARTMENT OF INDUSTRIES MINES AND GEOLOGY

WPC/5421/2024 · 2025-01-15

Deepak Roshan

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 5421 of 2024 -------- M/s. Karambi Stone Works, (A Proprietorship Firm), having its Principal Place of Business at Mouza Karambi & Pindhari, P.O. & P.S. Sahibganj, District Sahibganj (Jharkhand), through its Proprietor namely, Md. Ehtesham, aged about 56 years, son of Late Abdul Salam, resident of Village Anjuman Nagar, P.O. Mahadeoganj, P.S. Sahibganj, District Sahibganj, (Jharkhand), PIN- 816109 … … Petitioner Versus 1.The State of Jharkhand, through the Secretary, Department of Industries, Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi, Jharkhand, PIN-834002. 2.The Mines Commissioner, Ranchi, Department of Mines and Geology, having its office at Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi, Jharkhand, PIN 834002. 3.Deputy Commissioner, Sahibganj, having its office at District Collectorate, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj, (Jharkhand). 4.District Mining Officer, Sahibganj, having its office at District Collectorate, Sahibganj, P.O.& P.S. Sahibganj, District Sahibganj, (Jharkhand). … … Respondents CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner : Mr. Ranjeet Kushwaha, Advocate For the State : Mr. Piyush Chitresh, AC to AG -------- 03/Dated: 15.01.2025 M. S. Ramachandra Rao, C.J. (Oral) 1. In this writ petition, petitioner challenges order dated 04.07.2023 passed by the Mines Commissioner, Ranchi terminating the mining lease granted to the petitioner prematurely. 2. Counsel for the petitioner contends that the explanation given by the petitioner to the show-cause notice has not been considered and that the inspection report on the basis of which the impugned order was passed was also not furnished to the petitioner and there was thus a violation of natural justice. Counsel for the 2 petitioner also places reliance on the order dated 24.02.2020 in W.P(C) No. 5118 of 2019 and batch cases. 3. Counsel for the respondents does not dispute the contention of the counsel for the petitioner. 4. Therefore, this writ petition is allowed. The impugned order dated 04.07.2023 contained in Memo No.2158/MC/Ranchi dated 17.10.2023 passed by the Mines Commissioner, Ranchi is set-aside; matter is remitted to the said authority who shall furnish to the petitioner copy of the inspection report; petitioner is permitted to file objections to the said inspection report within four weeks of furnishing of the same; a personal hearing shall also be provided to the petitioner and a reasoned order be passed by the said officer in accordance with principles of natural justice after considering the replies given by the petitioner to the show-cause notice. This exercise shall be completed within three months from the date of receipt of the copy of the order. (M. S. Ramachandra Rao, C.J.) (Deepak Roshan, J.) Amit/Vedanti