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2025 DAILYLAW 28267 (JHR)

MURLIDHAR CHOUDHARY v. THE STATE OF JHARKHAND

WPC/6833/2024 · 2025-02-28

Deepak Roshan

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 6833 of 2024 ----- Murlidhar Choudhary, aged about 58 years, son of Shri Jitendra Nath Choudhary, Resident of Village-Daldali, P.O. & P.S. Rajganj, District-Dhanbad. … … Petitioner Versus 1.The State of Jharkhand 2.Secretary, Department of Mines and Geology having office at Nepal House, Doranda, P.O. and P.S. Doranda, District – Ranchi 3.District Mining Officer, Dhanbad, P.O. and P.S. Dhanbad, District – Dhanbad … … Respondents ------- CORAM: HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK ROSHAN ------- For the Petitioner : Mr. S.L.Agarwal, Adv. Ms. Ayushi, Adv For the Respondents : Mr. Mohan Kr. Dubey, A.C. to A.G ------ 02/28.02.2025 The learned counsel appearing for the petitioner has raised the issue of applicability of the Rules 30, 31 and 32 of the Jharkhand Minor Mineral Concession Rule, 2004 under which the response has been sought for from the petitioner by making an imputation of violation of statutory requirement as contained therein. 2. The validity of the provision of Rule 65 i.e. the Power of Appeal, vested with the Deputy Commissioner is also the another prayer made in this writ petition. 3. However, after some arguments learned counsel appearing for the petitioner, seeks leave of this Court to withdraw this writ petition with a liberty to prefer the appeal in order to raise the factual aspects for its consideration by the appropriate forum. 4. There is no opposition by Mr. Mohan Kumar Dubey, learned AC to learned AG. 5. Considering the same and without entering into the merit of the case, this writ petition is disposed of with the liberty to the petitioner to search out the alternative remedy for redressal of his grievance. 6. Considering the same, this writ petition stand dismissed as withdrawn and as such disposed of. (M.S. Ramachandra Rao, C.J.) (Deepak Roshan, J.) Amardeep/Vikas