2025:JHHC:24112-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.4950 of 2023 M/s Ashutosh Stone Works having its registered office at NH 99, Village- Nagar, P.O. Hunterganj and P.S. Hunterganj, District- Chatra, Jharkhand represented through its Director Arun Kumar Singh, aged about 61 years, son of Late Bacchu Singh, resident of Village- Nagar, P.O. Hunterganj and P.S. Hunterganj, District- Chatra, Jharkhand. … Petitioner Versus 1. The State of Jharkhand represented through Principal Secretary, Department of Mines and Geology, Government of Jharkhand, P.O. Doranda, P.S. Doranda, District- Ranchi, Jharkhand. 2. The Deputy Commissioner, Chatra having its Office at Chatra, P.O. Chatra, P.S. Chatra, District Chatra, Jharkhand. 3. The District Mining Officer, Chatra, having its Office at Chatra, P.O. Chatra, P.S. Chatra, District Chatra, Jharkhand. 4. The Circle Officer, Hunterganj having its Office at Hunterganj, P.O. Hunterganj and P.S. Hunterganj, District- Chatra, Jharkhand. … Respondents With W.P.(C) No.5871 of 2023 Hindalco Industries Limited, a Company incorporated under the Companies Act, 1956 and having its registered office at Ahura Centre, 1st Floor, B Wing, Mahakali Caves Road, Andheri (East), Mumbai 400 093 through its authorized signatory Vijay Kant Dubey, aged about 44 years, S/o Sri Ganesh Dubey resident of Vasundhara Mega Mart, 2nd Floor, Near Argora Chowk, PO and PS Argora, District Ranchi, Jharkhand. … Petitioner Versus 1. The State of Jharkhand, through Secretary, Mines and Geology, having its office at Nepal House, P.O and P.S Doranda, District Ranchi, Jharkhand. 2. Deputy Commissioner, Gumla, having its office at Gumla, P.O and P.S Gumla, District Gumla. 3. Sub-Divisional Officer Gumla, having its office at Gumla, P.O and P.S Gumla, District Gumla. 2025:JHHC:24112-DB 2 4. District Mining Officer Gumla, having its office at Gumla, P.O and P.S Gumla, District Gumla. … Respondents ---------- Coram:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI ------- For the Petitioners : Mr. Indrajit Sinha, Advocate For the State : Mr. Srikant Swaroop, AC to AAG II ----- Order No.09/Dated 18.08.2025 1. These writ petitions have been filed under Article 226 of the Constitution of India seeking therein the following reliefs:- In W.P.(C) No.4950 of 2023 (i) “For issuance of an appropriate Writ(s)/Order (s) /Direction(s), particularly a writ of Certiorari for quashing/setting aside the letter No. 833 dated 22.07.2023 (Annexure-11) issued by the District Mining Officer, Chatra whereby and whereunder petitioner has been directed to make the payment of Rs. 15,43,18,856/- including the amount of Rs. 8,05,46,360/- on account of illegal mining of stone from the leasehold area pertains to 10.00 Acres land in Thana Hunterganj, Mouza Dalkoma, Khata No.31 and 34, Plot No. 221(P) and 223. (ii) For issuance of an appropriate Writ(s)/Order (s) /Direction(s), particularly a writ of Certiorari for quashing/setting aside the letter No. 484 dated 10.05.2023 (Annexure-7) issued by District Mining Officer, Chatra whereby and whereunder petitioner has been directed to make the payment of Rs. 8,33,25,610/- in terms of Rule-44 of Jharkhand Minor Mineral Concessions Rules, 2004 for transportation of 2,22,79,575 cft. stone without e-transportation challan, within the period of 30 days. (iii) Upon quashing of aforesaid letters dated 22.07.2023 and 10.05.2023, for issuance of appropriate writ/s, order/s or direction/s restraining the respondents from interfering with the peaceful possession of the petitioner over the lease hold area pertaining to 10 Acres Land in Thana Hunterganj, Mouza Dalkoma, 2025:JHHC:24112-DB 3 Khata No. 31 and 34, Plot No. 221 (P) and 223 and thereby restraining the respondents from obstructing the mining operation carried out by the petitioners over the lease hold area.” In W.P.(C) No.5871 of 2023 (i) “For the issuance of appropriate writ(s) /order(s) / direction(s), particularly writ in the nature of certiorari and mandamus calling for the records and quashing and setting aside the Impugned Order dated 05.10.2023 contained in memo No. 892/M (Annexure 2) passed by Respondent-4/District Mining Officer, Gumla by which penalty of Rs. 39,35,27,072/- has been imposed for the alleged illegal mining beyond the lease area and direction has been given to deposit the same within 15 days under section 21(5) of the MMDR, Act for allegedly illegal mining from Gurdari Bauxite Mine of the Petitioner as being ex facie contrary to law, manifestly arbitrary, beyond the jurisdiction, irrational, unreasonable, unjust, contrary to principles of natural justice and violative of the Petitioner's legal rights. And (ii) For the issuance of appropriate writ(s) /order(s) /direction(s) restraining Respondent-4/District Mining Officer, Gumla from giving effect to or acting pursuant to the Impugned Order dated 05.10.2023 contained in memo No. 892/M (Annexure -2).” 2. One of the grounds has been taken by the writ petitioners 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 petitioners has submitted that now the power has been delegated by the State Government to the different authorities vide notification dated 06.05.2025. 2025:JHHC:24112-DB 4 4. As per the petitioners, 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. 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 so issued vide letter no. 833 dated 22.07.2023 and letter no.484 dated 10.05.2023 which are under challenge in W.P.(C) No. 4950 of 2023 and letter no. 892/M dated 05.10.2023 which is under challenge in W.P.(C) 2025:JHHC:24112-DB 5 No. 5871 of 2023, are 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. 11. These writ petitions stand disposed of. (Sujit Narayan Prasad, J.) (Arun Kumar Rai, J.) Rajnish/R.K.