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2025 DAILYLAW 28586 (JHR)

UMA KANT RAY v. THE STATE OF JHARKHAND THROUGH THE SECRETARY HOME PRISON AND DISASTER MANAGEMENT

W.P.(Cr.)/906/2023 · 2025-01-07

Gautam Kumar Choudhary

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 906 of 2023 1. Uma Kant Ray, S/o Ganeshi Ray, R/o Ward No. 14, Dhepura, P.O. and P.S. Dalsingh Sarai, District- Samastipur (Bihar). 2. Ranjit Kumar @ Ranjeet Kumar, S/o Suresh Kumar, R/o Ward No. 07, Karnauti, Manhar, P.O. and P.S. Manhar, District- Vaishali (Bihar). ... ... ... Petitioners Versus 1. The State of Jharkhand through the Secretary, Home, Prison and Disaster Management, Government of Jharkhand, Project Bhawan, P.O. and P.S. Dhurwa, District-Ranchi. 2. The Secretary, Department of Mines and Geology, Government of Jharkhand, Nepal House, P.O. and P.S. Doranda, District-Ranchi. 3. The District Magistrate cum the Deputy Commissioner, Sahibganj, P.S., P.S. and District-Sahibganj. 4. The Superintendent of Police, Sahibganj, P.O., P.S. and District- Sahibganj. 5. The District Mining Officer, Sahibganj, P.O., P.S. and District- Sahibganj. 6. The Officer-in-Charge, Mirzachowki Police Station, P.O. and P.S. Mirzachowki, District- Sahibganj. … … ... Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY --------- For the Petitioner : Mr. Ashish Kr. Thakur, Advocate Mr. Sudhanshu Shekhar Choudhary, Advocate Mr. Kabisha Goenka, Advocate Mr. Aman Shekhar, Advocate For the Resps. -State: Mr. Munna Lal Yadav, S.C. (L&C)-III --------- 06/Dated: 07.01.2025 The instant Writ Petition (Cr.) is covered by the judgment dated 22.07.2024 passed in W.P.(C) 6788 of 2023 and Anr., whereby this Court had struck down Rule 11 (v) of the Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. Having regard to the said judgment passed by the Division Bench which is binding to this bench, the instant Writ Petition (Cr.) is allowed, the impugned order dated 05.10.2023 passed by the Sub-Divisional, Judicial Magistrate, Sahibganj in Mirzachowki P.S. Case No.109 of 2022 is quashed and the order dated 08.08.2023 passed in Confiscation Case No. 111/2022- 23 by the Court of District Magistrate-cum-Deputy Commissioner, Sahibganj, is also quashed. (M.S. Ramachandra Rao, C.J.) (Gautam Kumar Choudhary, J.) Pawan/Sandeep