Jharkhand Ispat Private Limited Through One Of Its Director Sri Rajeev Kumar Agarwal v. Forest
WPC/413/2017 · 2025-04-09
Rajesh Shankar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 4335 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4335 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:10950
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 413 of 2017
Jharkhand Ispat Private Limited, through one of its Directors, Sri Rajeev Kumar Agarwal, Ramgarh
….. Petitioner
Versus
1. The State of Jharkhand, through the Secretary, Forest and Environment Department, Ranchi
2. Jharkhand State Pollution Control Board, through its Member Secretary, Ranchi
3. The Secretary, Department of Mines & Geology, Government of Jharkhand, Ranchi
4. The District Mining Officer, Chaibasa, West Singhbhum ….. Respondents
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CORAM
HON’BLE MR. JUSTICE RAJESH SHANKAR
----- For the Petitioner: Mr. N. K. Pasari For Respondent No.2: Mr. Rahul Saboo
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08/09.04.2025 The present writ petition has been filed for quashing the letter dated 26.12.2016 issued by the respondent No.4 whereby misinterpreting the provisions of the Jharkhand Mineral Dealer Rules, 2007 (hereinafter referred to as ‘the Rules, 2007’), the petitioner’s request for grant of temporary license/permit to remove the unused stocked Iron Ore Fines from its closed unit, situated at Khata No. 53, Plot Nos. 799 & 856, Village-Meralgarha, P.O- Noamundi, Barajamda, District-West Singhbhum has been rejected. Further prayer has been made for issuance of show cause to the respondent No.2 as to which provision of law has been violated by the petitioner as the license issued to it was valid for the period from 31.05.2008 to 30.05.2013 and it stopped carrying out any commercial activity and completely closed down its business in the month of October, 2012 and filed monthly returns till the validity period of the license i.e. May, 2013. 2. An interlocutory application being I.A. No. 1267/2022 has been filed on behalf of the petitioner stating inter alia that the application for renewal of the dealer’s license under the provisions of the Rules, 2007 vis-a-vis the Mineral Concession Rules, 1960 had been kept pending by the respondent No.4 and
2025:JHHC:10950 during pendency of the writ petition, the petitioner has been granted sanction by the respondent No.2 to establish and operate the crusher unit. Hence, the aforesaid prayer made in the present writ petition has become infructuous. 3. Leaned counsel for the petitioner also submits that since during the intervening period, the Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2017 [hereinafter referred to as ‘the Rules, 2017’] has been framed repealing the Rules, 2007, the petitioner is now required to prefer a fresh application under the Rules, 2017 for grant of dealer’s license. 4.
Considering the said submission, the present writ petition is dismissed as infructuous. 5. However, the petitioner is at liberty to prefer a fresh application before the competent authority seeking dealer’s license for the land in question. 6. Consequently, I.A. No. 1267/2022 also stands disposed of. Satish/-
(RAJESH SHANKAR, J)