2025:JHHC:11837-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1456 of 2025 Suresh Kumar Jhanjhri, aged about 69 years, son of Late Mahavir Prasad Jhanjhri, resident of village & P.O. Jhumritelaiya, P.S. Telaiya, District- Koderma (Jharkhand) ... Petitioner Versus 1. The State of Jharkhand, through the Secretary, Department of Mines and Geology, Govt. of Jharkhand, having its office at Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi, Jharkhand 2. Mines Commissioner, Jharkhand, Department of Mines and Geology, Government of Jharkhand, having its office at Nepal House, Doranda, P.O. & P.S. Doranda, District Ranchi 3. Deputy Commissioner, Giridih, P.O., P.S. & District Giridih 4. District Mining Officer, Giridih, P.O., P.S. and District Giridih ... Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the Petitioner: Mr. Sumeet Gadodia, Advocate Mr. Shailendra Kumar Singh, Advocate Mr. Prakhar Harit, Advocate Ms. Sanya Kumari, Advocate Ms. Nidhi Lall, Advocate For the Respondents: Mr. Piyush Chitresh, A.C. to A.G. --------- 02/Dated: 22.04.2025 M.S. Ramachandra Rao, C.J.(Oral) 1. In this writ petition, petitioner has assailed the order dt. 29.07.2024 passed by the Mines Commissioner, Ranchi in exercise of revisional power. 2. The petitioner had applied for renewal of stone mining lease upon raiyati land, but the Director, Mines, Jharkhand rejected it on 22.03.2022. 3. Against the said order, the petitioner approached the Deputy Commissioner, Giridih, who also confirmed it on 21.09.2022. 4. The Revisional Authority, i.e., the Mines Commissioner, also rejected the request for renewal of the said lease. 2025:JHHC:11837-DB 5. It is the consistent stand of the respondents in these orders that there was an amendment made to the Jharkhand Minor Mineral Concession Rules, 2004 and 2017 and there is a prohibition for renewal/extension of lease period of a minor mineral. 6. This issue was considered by a Division Bench of this Court in W.P. (C) No. 6812 of 2024 dt. 06.02.2025. This Court held that Rule 23 of the Jharkhand Minor Mineral Concession Rules, 2004 provides for renewal of mining lease. It does not prohibit grant of renewal in respect of mining lease even of Gairmajarua land as is alleged by the respondents. This Court also held that a notification issued on 22.02.2017 and 08.03.2019 amending Rule 9 of the above Rules cannot be invoked by the respondents, because the Rule only provides for grant of mining lease for the first time through public auction and there has been no amendment to Rule 23 which deals with renewal of mining leases at all. 7. In this view of the matter, the writ petition is allowed. The impugned orders dt. 29.07.2024 of the Mines Commissioner, Ranchi in Revision Case No. 60 of 2022; order dt. 21.09.2022 of the Deputy Commissioner, Giridih, and the order of the Director, Mines, Jharkhand dt. 22.03.2022, are all set aside and the respondents are directed to consider grant of renewal of the mining lease sought by the petitioner as per Rule 23 of the Jharkhand Minor Mineral Concession Rules, 2004, referred to above, within two weeks. (M.S. Ramachandra Rao, C.J.) (Rajesh Shankar, J.) Manoj/Pramanik/Cp.2