2025:JHHC:10248-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 6155 of 2023 M/s Shipra Power and Fuel Pvt. Ltd., a Company incorporated under the Companies Act, 1956 having its registered office at Flat 'F', South Patel Nagar, P.O. Ranjeet Nagar, P.S. Patel Nagar, District New Delhi, through its Director, Santosh Kumar, aged about 54 years, son of Late Hiralal, resident of 21, Vidya Niwas, Purulia Road, Ranchi, P.O. G.P.O and P.S. Kotwali, District- Ranchi, Jharkhand ... ... ... ... ... ... Petitioner Versus 1. The State of Jharkhand, through its Secretary, Industry, Mines & Geology, officiating at Nepal House, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. 2. The Secretary, Revenue, Registration and Land Reforms, Government of Jharkhand, having its office at Project Building, P.O. Dhurwa, P.S. Jaganathpur, District Ranchi, Jharkhand. 3. Secretary, Department of Forest Environment and Climate Change, Nepal House, Doranda, Ranchi, Climate Change, Government of Jharkhand having its office at Nepal House, P.O. Doranda, P.S. Doranda, District Ranchi, Jharkhand. 4. The Director (Mines), having its office at Nepal House, Ρ.Ο. Doranda, P.S. Doranda, District Ranchi, Jharkhand. 5. The Deputy Commissioner, Chatra, P.O., P.S. and District Chatra, Jharkhand. 6. The District Mining Officer, Chatra, P.O., P.S. and District Chatra, Jharkhand. … … ... Respondents With W.P.(C) No. 6125 of 2023 M/s Buddha Smriti Mining Infracon Pvt. Ltd. having its registered office at Flat-F, 2nd Floor, South Patel Nagar, New Delhi, P.O. South Patel Nagar and P.S. South Patel Nagar, District- New Delhi, through its Director Santosh Kumar, aged about 54 years, son of Late Hiralal, resident of 21, Vidya Niwas, Purulia Road, Ranchi, P.O. G.P.O and P.S. Kotwali, District- Ranchi, Jharkhand. ... ... ... ... ... ... Petitioner Versus 1. The State of Jharkhand represented through Principal Secretary, Department of Mines and Geology, Government of Jharkhand, P.O. & P.S. Doranda, District Ranchi, Jharkhand. 2025:JHHC:10248-DB 2. The Secretary, Department of Forest, Environment & Climate Change, Government of Jharkhand, Nepal House, P.O. & P.S. Doranda, District Ranchi, Jharkhand. 3. The Secretary, Department of Revenue, Registration & Land Reforms, Government of Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand. 4. The Mines Commissioner, Ranchi having its office at Nepal House, Doranda, P.O. Doranda and P.S. Doranda, District- Ranchi, Jharkhand. 5. The Deputy Commissioner and District Magistrate, Chatra, P.O. Chatra & P.S. Chatra, District -Chatra, Jharkhand. 6. The District Mining Officer, Chatra, P.O. Chatra & P.S. Chatra, District -Chatra, Jharkhand. ... ... ... Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioners: Mr. Indrajit Sinha, Advocate Mr. Ankit Vishal, Advocate For the Respondents: Mr. Piyush Chitresh, A.C. to A.G. Mr. Gaurav Raj, A.C. to A.A.G.-II --------- 09/Dated: 03.04.2025 1) The petitioners in both these cases had been granted mining leases on 29.03.2016. 2) The Deputy Commissioner and District Magistrate, Chatra on 01.02.2021 pre maturely cancelled the said leases invoking power under section 27(2) of the Jharkhand Minor Minerals Concession Rules, 2004. 3) Challenging the same, the petitioners filed the revision before the Mines Commissioner, Ranchi, Jharkhand. 4) The same was also rejected on 28.03.2023 by the Mines Commissioner and the same was communicated on 17.07.2023 under the signature of the Under Secretary, Department of Mines and Geology, Government of Jharkhand. 2025:JHHC:10248-DB 5) Counsel for the petitioners placed reliance on the judgment dt. 06.02.2025 in W.P.(C) No. 88 of 2024 in which it was held that the Deputy Commissioner has no power to cancel mining lease granted to a lessee at a premature stage unless and until there is a violation of the terms and conditions of the mining leases. 6) It was held therein that under section 4A(2) of the Mines and Minerals (Development and Regulation) Act, 1957 only the State Government is vested with the power to cancel the mining lease at a pre-mature stage when it is in public interest. 7) Rule 27(1) of the Jharkhand Minor Minerals Concession Rules, 2004 also reiterates the same legal position. 8) Counsel for the respondents does not dispute this legal position. 9) Therefore, these writ petitions are allowed and the orders dt. 01.02.2021 of the Deputy Commissioner, Chatra as well as the order dt. 28.03.2023 of the Mines Commissioner, Ranchi in the revisions preferred by the respective petitioners against the order of the Deputy Commissioner are both set aside by following the judgment dt. 06.02.2025 in W.P. (C) No. 88 of 2024. 10) Liberty is granted to the competent authority to take action in accordance with law against the respective petitioners, if they are so advised. (M.S. Ramachandra Rao, C.J.) (Deepak Roshan, J.) Sharda/MM/ Cp.02