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2025 DAILYLAW 36906 (JHR)

M/S RAJ MAHAL TRADERS THROUGH ITS PARTNER RAM KUMAR SINGH v. THE STATE OF JHARKHAND REPRESENTED THROUGH SECRETARY DEPARTMENT OF MINES AND GEOLOGY

WPC/691/2024 · 2025-11-17

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:34273-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.691 of 2024 ----- M/s Raj Mahal Traders, having its office at Ground Floor 947, Rasaikapur Chowk, P.O. Dumka, P.S. Dumka Muffasil, District Dumka (Jharkhand) through its partner Ram Kumar Singh, son of Parameshwar Singh, resident of House No.17/3566, Main Road, Kangoi, Mihijam, P.O. and P.S. Mihijam, District-Jamtara. .......... Petitioner. -Versus- 1. The State of Jharkhand represented through Secretary, Department of Mines and Geology, Government of Jharkhand, Yojana Bhawan, Doranda, Ranchi. 2. Jharkhand State Mineral Development Corporation Ltd. represented through its Managing Director, Khanij Nigam Bhawan, Doranda, Ranchi. 3. In-Charge, Sand, Jharkhand State Mineral Development Corporation Ltd. having its office at Khanij Nigam Bhawan, Doranda, Ranchi. .......... Respondents. ----- CORAM : HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Ankit Vishal, Advocate For the State : Ms. Omiya Anusha, AC to AAG-IA For the JSMDC : Mr. Gaurav Raj, Advocate ----- Order No.11 Date: 17.11.2025 1. The instant writ petition had been filed for grant of following reliefs: i. For issuance of appropriate writ(s)/order(s)/direction(s) for quashing/setting letter no.47 dated 04.01.2024 (Annexure- 8), by which the decision has been communicated to the Petitioner that the EMD amount submitted by the Petitioner during the empanelment process has been forfeited and further the empanelment of the Petitioner has been suspended as being wholly illegal, arbitrary and violative of Article 19(1)(g) of the Constitution of India; And ii. Further appropriate writ/order/direction, including Writ of Mandamus, directing the Respondents to forthwith revoke the suspension of the empanelment of the Petitioner and the 2025:JHHC:34273-DB 2 permanent removal of the Petitioner from the list of empanelled MDOs; And iii. Further appropriate writ/order/direction, including Writ of Mandamus, directing the Respondents to restore the LOIs issued to the Petitioner vide letter Nos. Letter No.1369 dated 02.12.2023, Letter No.1370 dated 02.12.2023, Letter No.1452 dated 08.12.2023 and Letter No.1453 dated 08.12.2023 (Annexure-5 series). 2. Learned counsel for the petitioner fairly submits that in view of the new policy for allotment of sand mines based upon the auction by virtue of Sand Mining Rules, 2025 the petitioner is not pressing the instant writ petition, as regards the claim for allotment of sand mines. So far as the claim for refund of earnest money deposit (EMD) is concerned, liberty may be provided to the petitioner to approach the respondent no.2. 3. Other side has no objection to the aforesaid submission. 4. Without entering into the issue on merit, the instant writ petition is disposed of by giving liberty to the petitioner to approach the respondent no.2, who, after affording an opportunity of hearing to it, shall decide its claim in accordance with law within four weeks from the date of receipt of a copy of this order. 5. The parties are left to bear the cost. (Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) 17th November, 2025 Sanjay/Rohit