2025:JHHC:27283-DB - 1 - IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2051 of 2025 ---- M/s. Maa Rakshi Stone Works, (A Partnership Firm), having its work at Mouza Bhutaha, Khata (Jamabandi) No. 34 & 13, Khesra No. 76 & 77, P.O. & P.S. Mirzachowki, District Sahibganj, through its Partner, namely, Tinkal Kumar Bhagat, aged about 41 years, son of Ram Narayan Bhagat, resident of Mahadevbaran, Mirzachowki, P.O. & P.S. Mirzachowki, District Sahibganj, PIN- 813202 (Jharkhand). … … Petitioner Versus 1. State of Jharkhand, through the Secretary, Department of Mines and Geology, Govt. of Jharkhand, having its office at Yojna Bhawan (Nepal House), P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834002. 2. Deputy Commissioner, Sahibganj, having its office at District Collectorate, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj, (Jharkhand). 3. District Mining Officer, Sahibganj, having its office at District Collectorate, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj, (Jharkhand). … … Respondents ------- CORAM :HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI ------ For the Petitioner : Mr. Sumeet Gadodia, Advocate Ms. Shruti Shekhar, Advocate For the Respondent : Mr. Srikant Swaroop, AC to AAG-II -------- Order No. 04 : Dated 9th September, 2025 Per Sujit Narayan Prasad, J 1. The instant writ petition has been filed under Article 226 of the Constitution of India for the following reliefs: (i) For issuance of an appropriate writ, order or direction, including Writ of Certiorari, for quashing and setting aside Letter issued vide Process No. 1330/M dated 30.12.2023 passed by Respondent No. 2 [Annexure-4] in alleged exercise of power under Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004, especially because Respondent No. 2 has no 2025:JHHC:27283-DB - 2 - jurisdiction and/or authority to pass such order, and, further, said order has been passed in utter violation of principles of natural justice. (ii) For issuance of any other appropriate writ(s)/order(s)/direction(s) as Your Lordships may deem fit and proper in the facts and circumstances of the case.” 2. At the outset, learned counsel for the petitioner has submitted that one of the grounds to challenge the impugned order is that the impugned order has been passed without having territorial jurisdiction as the Deputy Commissioner is having no jurisdiction to raise demand as per the provisions provided under Section 21(5) of the MMDR Act, 1957. 3. Further submission has been made that now the power has been delegated by the State Government upon the different authorities vide notification dated 06.05.2025. 4. Placing a copy of order dated 18.08.2025 passed in WPC No. 3668 of 2023, submission has been made that in the similar matter wherein the impugned order was challenged on the ground of territorial jurisdiction the matter was remitted before the concerned authority for passing order afresh, as such submission has been made to remit the matter before the appropriate authority to pass order afresh. 5. Learned counsel appearing for the State does not dispute the submission made by learned counsel for the 2025:JHHC:27283-DB - 3 - petitioner and submitted that if the matter would be remitted, the competent authority having jurisdiction as per notification dated 6th May, 2025 shall pass order afresh. 6. We have heard learned counsel for the parties and on appreciation of submission advanced by learned counsel for the parties, are of the view that since the State Government through the Mines and Geology Department has come out with the notification in exercise of power conferred under Section 26(2) of the MMDR Act, 1957 conferring power to the authority depending upon the territorial jurisdiction therefore, the matter is required to be remitted before the authority. 7. Accordingly, the impugned order dated 30.12.2023 is hereby quashed and set aside. 8. The matter is remitted before the District Mining Officer to pass order, afresh within a period of three months from the date of receipt of copy of this order in accordance with law. 9. The writ petition stands disposed of. 10. Pending Interlocutory Application, if any, stands disposed of. (Sujit Narayan Prasad, J.) (Arun Kumar Rai, J.) Alankar/ N.A.F.R.