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2025 DAILYLAW 3182 (JK)

SANDEEP SINGH v. UT OF J AND K TH COMMISSIONER SECRETARY GEOLOGY AND MINING DEPARTMENT AND ANOTHER

WP(C)/1055/2025 · 2025-08-12

Sanjay Dhar

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1055/2025 Sandeep Singh, age 55 years S/o Late Sh. Sukhwinder Singh R/o Village Khandwal Tehsil Gadigarh & District Jammu …..Petitioner Through: Mr. Ankur Sharma, Advocate Vs 1. UT of Jammu and Kashmir, Th. its Commissioner-Secretary Department of Geology & Mining Secretariat, Jammu/Srinagar 2. Director, Department of Geology & Mining Address: Nehru Udhyog Bhawan, 4th Flool, Rail Head Complex, Jammu, Pin-180006 .…. Respondents Through: Mr. Dewakar Sharma, Dy. AG CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (12.08.2025) 01. The petitioner, through the medium of the present writ petition, has sought a direction upon the respondents to grant, execute and register formal lease in his favour in respect of Minor Mineral Block No. 19/J District, Jammu with description Nikki Tawi River at village Badyal, Brahmana District Jammu and to permit him mining operations in accordance with law. Serial No. 134 2 WP(C) No. 1055/2025 02. As per the case of the petitioner, he had participated in e- Auction of minor mineral blocks pursuant to e-Auction Notice No. DMO/J/e/Auction/2023-24/190-197 dated 04.05.2023 whereafter he was declared as highest bidder in respect of Block No. 19/J District, Jammu with description Nikki Tawi River at village Badyal, Brahmana District Jammu. 03. It has been submitted that the petitioner has offered bid of Rs. 11,52,15,000.00/-, Letter of Intent dated 18.07.2023 was issued in favour of the petitioner by the respondent No. 2 whereafter vide communication dated 13.02.2025 the petitioner was directed to deposit the remaining bid amount and to complete all other requisite formalities. 04. It is case of the petitioner that he has deposited the balance bid amount and has also completed the necessary statutory requirements but the respondents are not executing the lease deed in respect of the aforesaid minor block, hence, the present writ petition. 05. Respondents have filed their objections to the writ petition in which the only stand taken by them is that in terms of Rule 55(8) of the Jammu and Kashmir Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016, if the highest bid goes beyond Rs. 150.00 lakhs, the same has to be approved by the Government and in the instant case because the bid of the petitioner is beyond Rs. 150.00 lakhs, as such, the matter has been submitted to the Administrative Department for accord of necessary approval which is still pending. 3 WP(C) No. 1055/2025 06. Having regard to the limited controversy involved in this petition, the same can be disposed of, at this stage itself, by extending appropriate directions to the respondents. 07. Accordingly, the writ petition is disposed of with a direction to the respondent No. 1 to accord consideration to the proposal forwarded to it by the respondent No. 2 for grant of minor mineral lease in favour of the petitioner in respect of Block No. 19/J District, Jammu with description Nikki Tawi River at village Badyal, Brahmana District Jammu and take a decision thereon most expeditiously preferably within a period of two weeks from the date a copy of this order is made available to respondent No. 1. 08. The writ petition is accordingly, disposed of. (SANJAY DHAR) JUDGE JAMMU 12.08.2025 SUNIL Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No