Jharkhand High Court
Grands Mining vs The State Of Jharkhand on 23 September, 2024
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 2360 of 2022 ----
GRANDS MINING, (A Partnership firm), having its office at
GE/16, City Centre, Sector-4, Bokaro Steel City, P.O. and
P.S. Bokaro, District Bokaro; through its Partner Bhupendra
Kumar Singh, aged about 47 years, son of Ram Janam
Singh, resident of Bhagwati Colony, Jodhadih More, Chas,
P.O. and P.S. Chas, District Bokaro (Jharkhand).
... Petitioner Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834002.
2. .The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834002.
3. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) … Respondents.
with
W.P. (C) No. 3652 of 2020
—-
1. Ramashish Singh, aged about 50 years, S/o Heera Prasad
Singh, R/o Village, Mahuari, P.O.- Gulabjhari, P.S.-
Naudiha Bazar, District- Palamu.
2. Umakant Prasad Jaiswal, aged about 48 years, S/o
Mahendra Prasad Jaiswal, Village- Chattarpur, P.O. & P.S.-
Chattarpur, District- Palamu.
3. Anup Kumar Singh, aged about 48 years, S/o Dharmjeet
Singh, R/o 10A, Ravindrapuri Colony, Bhelupur, P.O. &
P.S.- Bhelupur, District- Varanasi (Uttar Pradesh).
... Petitioners Versus
1. State of Jharkhand through its Secretary- Mines and
Geology Department, Government of Jharkhand, Nepal
House, P.O. & P.S. – Doranda, District- Ranchi.
-1- WPC 2360 OF 2022 & Batch matters
2. District Mining Officer- Palamu, P.O. & P.S.- Palamu,
District- Medininagar.
3. The Director, Mines, Gov. of Jharkhand, at Nepal House,
P.O. & P.S. Doranda, District Ranchi.
4. The Deputy Director, Mines, Palamau Circle, P.O. & P.S.
Medninagar, Dist. Palamau.
…Respondents
with
W.P. (C) No. 2362 of 2022
Grands Mining, (A Partnership firm), having its office at
GE/16, City Centre, Sector-4, Bokaro Steel City, P.O. and
P.S. Bokaro, District Bokaro; through its Partner Bhupendra
Kumar Singh, aged about 47 years, son of Ram Janam
Singh, resident of Bhagwati Colony, Jodhadih More, Chas,
P.O. and P.S. Chas, District Bokaro (Jharkhand).
…..Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2. The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) … Respondents
with
W.P. (C) No. 2363 of 2022
Grands Mining, (A Partnership firm), having its office at
GE/16, City Centre, Sector-4, Bokaro Steel City, P.O. and
P.S. Bokaro, District Bokaro; through its Partner Bhupendra
Kumar Singh, aged about 47 years, son of Ram Janam
Singh, resident of Bhagwati Colony, Jodhadih More, Chas,
P.O. and P.S. Chas, District Bokaro (Jharkhand).
…..Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
-2- WPC 2360 OF 2022 & Batch matters
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) … Respondents
with
W.P. (C) No. 2395 of 2022
M/s Mahadev Stone Product, a Partnership Firm through
one of its Partner Shri Sanjay Kumar Tibrewal, aged about
52 years, S/o Shri Liladhar Tibrewal, resident of House No.
83, Ward No. 13, Near Shitla Mandir, Marwari Tola, Pakur,
P.O., P.S. & District- Pakur, PIN – 816107.
Versus
1. The State of Jharkhand through its Secretary, Department
of Mines and Geology, Nepal House, Doranda, P.O. & P.S. –
Doranda, District- Ranchi.
2. Secretary Department of Mines & Geology, Nepal House,
Doranda, P.O. & P.S. – Doranda, District – Ranchi.
3. Director, Departmnt of Mines & Geology, Nepal House,
Doranda, P.O. & P.S.- Doranda, District – Ranchi.
4. District Mining Officer, Pakur, PO, PS & Dist. – Pakur.
... Respondents
with
W.P. (C) No. 2498 of 2022
Grands Mining, (A Partnership firm), having its office at
GE/16, City Centre, Sector-4, Bokaro Steel City, P.O. and
P.S. Bokaro, District Bokaro; through its Partner Bhupendra
Kumar Singh, aged about 47 years, son of Ram Janam
Singh, resident of Bhagwati Colony, Jodhadih More, Chas,
P.O. and P.S. Chas, District Bokaro (Jharkhand).
.... Petitioner -3- WPC 2360 OF 2022 & Batch matters Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) … …Respondents
with
W.P. (C) No. 2499 of 2022
Grands Mining, (A Partnership firm), having its office at
GE/16, City Centre, Sector-4, Bokaro Steel City, P.O. and
P.S. Bokaro, District Bokaro; through its Partner Bhupendra
Kumar Singh, aged about 47 years, son of Ram Janam
Singh, resident of Bhagwati Colony, Jodhadih More, Chas,
P.O. and P.S. Chas, District Bokaro (Jharkhand).
…..Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2. The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) … …Respondents.
with
W.P. (C) No. 2500 of 2022
-4- WPC 2360 OF 2022 & Batch matters
M/s. Master Sunder Das & Sons, (a Partnership Firm),
having its office at Sindhipara, Pakur, P.O. and P.S. Pakur,
District Pakur PIN 816107 (Jharkhand), through its Partner
Sanjay Kumar, aged about 45 years, son of M. Sunder Das,
resident of Rajveena, 50-A, Block-C, New Alipore, P.O. and
P.S. New Alipore, District Kolkata, PIN 700053(West Bengal).
…. Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 2501 of 2022
MS Ebadat Stone Works Prop Ishaque Shaikh, (a
Proprietorship Firm), having its office at Janki Nagar, P.O.
Prithwi Nagar P.S. Pakur (M), District Pakur PIN 816107
(Jharkhand), through its Proprietor Ishaque Shaikh, aged
about 39 years, son of Sabdul Shaikh, resident of Janki
Nagar, P.O. Prithwi Nagar, P.S. Pakur (M), District Pakur,
PIN 816107 (Jharkhand).
…Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
-5- WPC 2360 OF 2022 & Batch matters
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 2502 of 2022
CTS Industries LTD., (a company registered under the
Companies Act), having its office at 37, Shakespeare Sarani,
3rd Floor, P.O. and P.S. Shakespeare Sarani, District
Kolkata, PIN 700017 (West Bengal), through its Authorised
Signatory, namely, Navin Kumar, aged about 45 years, son
of Shri Shivji Prasad, resident of Parsaman, Parsawan,
Patna, P.O. Parsawa, P.S. Parsawa, District Patna, PIN
803214 (Bihar).
… Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2. The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Sahebganj, having its office at
District Collectorate, Sahebganj, P.O. & P.S. Sahebganj,
District Sahebganj (Jharkhand).
4. District Mining Officer, Sahebganj, having its office at
District Collectorate, Sahebganj, P.O. & P.S. Sahebganj,
District Sahebganj, (Jharkhand).
… Respondents.
with
W.P. (C) No. 2503 of 2022
M/s. CHABRIA ENGG. CO., (a Partnership Firm), having its
office at Sindhipara, Pakur, P.O. and P.S. Pakur, District
-6- WPC 2360 OF 2022 & Batch matters
Pakur PIN 816107 (Jharkhand), through its Partner, Naresh
Kumar Mandhyan, aged about 58 years, son of Namdev
Mandhyan, resident of Merlin Cambridge, 5th Floor, Flat 5C,
24 Princ Anwar Shah Road, Tollygunge, P.O. and P.S.
Tollygunge, District Kolkata, PIN 700033 (West Bengal).
… Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 2504 of 2022
M/s JIAL DAS & CO., (a Partnership Firm), having its office
at Sindhipara, Pakur, P.O. and P.S. Pakur, District Pakur,
District PIN 816107 (Jharkhand), through its Partner Sumit
Sandhwani, aged about 35 years, son of Late Subhash Ch.
Sadhwani, resident of Sindhipara, Pakur, P.O. and P.S.
Pakur, District Pakur, PIN 816107 (Jharkhand).
…. Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
-7- WPC 2360 OF 2022 & Batch matters
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 2505 of 2022
M/s. CHABRIA ENGG. CO., (a Partnership Firm), having its
office at Sindhipara, Pakur, P.O. and P.S. Pakur, District
Pakur PIN 816107 (Jharkhand), through its Partner, Naresh
Kumar Mandhyan,, aged about 58 years, son of Namdev
Mandhyan, resident of Merlin Cambridge, 5th Floor, Flat 5C,
24 Princ Anwar Shah Road, Tollygunge, P.O. and P.S.
Tollygunge, District Kolkata, PIN 700033 (West Bengal).
…Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 2506 of 2022
M/s. CHABRIA ENGG. CO., (a Partnership Firm), having its
office at Sindhipara, Pakur, P.O. and P.S. Pakur, District
-8- WPC 2360 OF 2022 & Batch matters
Pakur PIN 816107 (Jharkhand), through its Partner, Naresh
Kumar Mandhyan, aged about 58 years, son of Namdev
Mandhyan, resident of Merlin Cambridge, 5th Floor, Flat 5C,
24 Princ Anwar Shah Road, Tollygunge, P.O. and P.S.
Tollygunge, District Kolkata, PIN 700033 (West Bengal).
…. Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 2507 of 2022
M/s. Master Sunder Das & Sons, (a Partnership Firm),
having its office at Sindhipara, Pakur, P.O. and P.S. Pakur,
District Pakur PIN 816107 (Jharkhand), through its Partner
Sanjay Kumar, aged about 45 years, son of M. Sunder Das,
resident of Rajveena, 50-A, Block-C, New Alipore, P.O. and
P.S. New Alipore, District Kolkata, PIN 700053(West Bengal).
…. Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Pakur, having its office at District
-9- WPC 2360 OF 2022 & Batch matters
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 2508 of 2022
M/s. SAURAV STONE PRODUCT, (A proprietorship
concern), having its office at Sindhi Para, Pakur, P.O. and
P.S. Pakur, District Pakur PIN 816107 (Jharkhand), through
its Proprietor Aurn Lakhmani, aged about 56 years, son of
Late Sundar Das Lakhmani, resident of Sindhi Para, Pakur,
P.O. Pakur, P.S. Pakur, District Pakur, PIN 816107
(Jharkhand).
…. Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 2546 of 2022
1.Gopal Kumar, aged about 55 years, son of Vimal Prasad,
resident of Giridih Road, Tripurari Bhawan, P.O. and P.S.
Kodarma, District Kodarma, PIN 825410 (Jharkhand).
2. Ramchandra Mehta, aged about 54 years, son of Chhotelal
Mehta, resident of Bigha, P.O. Phulwariya, P.S.
Nawalshahi, District Kodarma, PIN 825418 (Jharkhand).
3. Amitabh Kumar, aged about 55 years, son of K.K.
– 10 – WPC 2360 OF 2022 & Batch matters
Choudhary, resident of 105, Ranchi-Patna Road, Coltex
Muhalla, Kodarma, P.O. and P.S. Kodarma, District
Kodarma, PIN 825410.
…. Petitioners
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Kodarma, having its office at
District Collectorate, Kodarma, P.O. & P.S. Kodarma,
District Kodarma, PIN 825409 (Jharkhand).
4.District Mining Officer, Kodarma, having its office at
District Collectorate, Kodarma, P.O. & P.S. Kodarma,
District Kodarma, PIN 825409 (Jharkhand).
…Respondents
with
W.P. (C) No. 2549 of 2022
JIVLAL YADAV, aged about 55 years, son of Late Guli
Yadav, resident of Jhumri Tilaiya, P.O. Kodarma P.S. Tilaiya,
District Kodarma, PIN 825409 (Jharkhand).
…. Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Kodarma, having its office at
District Collectorate, Kodarma, P.O. & P.S. Kodarma, District
Kodarma, PIN 825409 (Jharkhand).
4. District Mining Officer, Kodarma, having its office at
District Collectorate, Kodarma, P.O. & P.S. Kodarma, District
– 11 – WPC 2360 OF 2022 & Batch matters
Kodarma, PIN 825409 (Jharkhand).
…Respondents
with
W.P. (C) No. 2606 of 2022
CTS INDUSTRIES LTD., (a company registered under the
Companies Act), having its office at S.B. Tower, 3rd Floor, 37,
Shakespeare Sarani, 3rd Floor, P.O. and P.S. Shakespeare
Sarani, District Kolkata, PIN 700017 (West Bengal), through
its Director, namely, Sanjay Choudhary, aged about 54 years,
son of Vijay Kumar Choudhary, resident of Flat No. 16-A,
Belair, Alipore Park Palace, Alipore, P.O. and P.S. Alipore,
District Kolkata, PIN 700027 (West Bengal).
…. Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, West Singhbhum, having its office
at District Collectorate, Chaibasa, P.O. & P.S. Chaibasa,
District Chaibasa, District West Singhbhum (Jharkhand).
4. District Mining Officer, West Singhbhum, having its office
at District Collectorate, Chaibasa, P.O. & P.S. Chaibasa,
District Chaibasa, District West Singhbhum (Jharkhand).
…Respondents
with
W.P. (C) No. 2610 of 2022
Prem Shankar Kumar Singh, aged about 31 years, son of Shri
Jitendra Prasad Singh, resident of Village Andharibagh
Khurd, P.O. Pipra, P.S. Pipra, District Palamau.
…. Petitioner
Versus
1. The State of Jharkhand, through Secretary, Mines &
Geology Department, Government of Jharkhand, at Nepal
House, Doranda, P.O. Doranda, P.S. Doranda, District
Ranchi.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
– 12 – WPC 2360 OF 2022 & Batch matters
Bhawan, P.O. Doranda, P.S. Doranda, District Ranchi-834
002 (Jharkhand).
3. Deputy Commissioner, Palamau, at Medininagar, P.O.
Medini Nagar, P.S. Medini Nagar, District Palamau.
4. District Mining Officer, Medini Nagar, P.O. Medini Nagar,
P.S. Medini Nagar, District Palamau.
…Respondents
with
W.P. (C) No. 2613 of 2022
CTS INDUSTRIES LTD., (a company registered under the
Companies Act), having its office at S.B. Tower, 3rd Floor, 37,
Shakespeare Sarani, P.O. and P.S. Shakespeare Sarani,
District Kolkata, PIN 700017 (West Bengal), through its
Director, namely, Sanjay Choudhary, aged about 54 years,
son of Vijay Kumar Choudhary, resident of Flat No. 16-A,
Belair, Alipore Park Palace, Alipore, P.O. and P.S. Alipore,
District Kolkata, PIN 700027 (West Bengal).
…. Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, West Singhbhum, having its office
at District Collectorate, Chaibasa, P.O. & P.S. Chaibasa,
District Chaibasa, District West Singhbhum (Jharkhand).
4. District Mining Officer, West Singhbhum, having its office
at District Collectorate, Chaibasa, P.O. & P.S. Chaibasa,
District Chaibasa, District West Singhbhum (Jharkhand).
…Respondents
with
W.P. (C) No. 2615 of 2022
CTS INDUSTRIES LTD., (a company registered under the
Companies Act), having its office at S.B. Tower, 3rd Floor, 37,
Shakespeare Sarani, 3rd Floor, P.O. and P.S. Shakespeare
Sarani, District Kolkata, PIN 700017 (West Bengal), through
its Director, namely, Sanjay Choudhary, aged about 54 years,
– 13 – WPC 2360 OF 2022 & Batch matters
son of Vijay Kumar Choudhary, resident of Flat No. 16-A,
Belair, Alipore Park Palace, Alipore, P.O. and P.S. Alipore,
District Kolkata, PIN 700027 (West Bengal).
…. Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, West Singhbhum, having its office
at District Collectorate, Chaibasa, P.O. & P.S. Chaibasa,
District Chaibasa, District West Singhbhum (Jharkhand).
4. District Mining Officer, West Singhbhum, having its office
at District Collectorate, Chaibasa, P.O. & P.S. Chaibasa,
District Chaibasa, District West Singhbhum (Jharkhand).
…Respondents
with
W.P. (C) No. 2766 of 2022
M/S SUNDAR STONE PRODUCTS, (a Proprietorship
concern), having its office at Sindhipara, P.O. and P.S. Pakur,
District Pakur (Jharkhand), PIN 816107, through its
Proprietor, Satish Kumar Lakhmani, aged about 58 years,
son of Late Sundar Das Lakhmani, resident of 638, Block-O,
New Alipore, P.O. and P.S. New Alipore S.O., District Kolkata
(West Bengal) PIN 700053.
….Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
– 14 – WPC 2360 OF 2022 & Batch matters
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand)
…Respondents.
with
W.P. (C) No. 2778 of 2022
M/s. AZHAR ISLAM, (a Proprietorship concern), having its
office at Janki Nagar, P.O. Prithwinagar, P.S. Pakur(M),
District Pakur (Jharkhand) PIN 816107, through its
proprietor Azhar Islam, aged about 36 years, son of Ali Akbar,
resident of Janki Nagar, P.O. Prithwinagar, P.S. Pakur(M),
District Pakur (Jharkhand) PIN 816107.
…. Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 2781 of 2022
M/s. AZHAR ISLAM, (a Proprietorship concern), having its
office at Janki Nagar, P.O. Prithwinagar, P.S. Pakur(M),
District Pakur (Jharkhand) PIN 816107, through its
proprietor Azhar Islam, aged about 36 years, son of Ali Akbar,
resident of Janki Nagar, P.O. Prithwinagar, P.S. Pakur(M),
District Pakur (Jharkhand) PIN 816107.
…. Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
– 15 – WPC 2360 OF 2022 & Batch matters
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 2782 of 2022
M/s. SUNDAR DAS LAKHMANI, (a Partnership firm), having
its office at Sindhipara, P.O. and P.S. Pakur, District Pakur
(Jharkhand), PIN 816107, through its Partner, Sanjay Kumar
Lakhmani, aged about 54 years, son of Late Sundar Das
Lakhmani, resident of 5/7 BL 5, Bangur Complex, B.S.T.
Main Road, Sahapur P.O. and P.S. Sahapur, District Kolkata
(West Bengal) PIN 700038.
…. Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents.
with
W.P. (C) No. 2783 of 2022
- 16 - WPC 2360 OF 2022 & Batch matters
M/s JITENDRA KUMAR BELLANI, (a Proprietorship
concern), having its office at Sindhipara, P.O. and P.S. Pakur,
District Pakur (Jharkhand), PIN 816107, through its
Proprietor, Jitendra Kumar Bellani, aged about 53 years, son
of Parsuram Bellani, resident of Tower-2, Flat-BE, Diamond
City West, 18, HO Chi Minh Sarani, Behala, P.O. and P.S.
Behala, District South 24 Pargana, (West Bengal) PIN
700061.
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 2787 of 2022
M/s. BASANT STONE WORKS, (a Partnership firm), having
its office at Sindhipara, P.O. and P.S. Pakur, District Pakur
(Jharkhand), PIN 816107, through its Partner, Dinanath
Eahalani, aged about 62 years, son of Late Basant Mal,
resident of Sindhipara, P.O. and P.S. Pakur, District Pakur
(Jharkhand), PIN 816107.
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
– 17 – WPC 2360 OF 2022 & Batch matters
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 2807 of 2022
M/s. RANI STONE WORKS, (a Proprietorship concern),
having its office at Janki Nagar, P.O. Prithwi Nagar, P.S.
Pakur (M), District Pakur (Jharkhand), PIN 816107, through
its Proprietor Ishaque Shaikh, aged about 40 years, son of
Sabdul Shaikh, resident of Janki Nagar, P.O. Prithwi Nagar,
P.S. Pakur (M), District Pakur (Jharkhand), PIN 816107.
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 2815 of 2022
HITESH SADHWANI, (A Proprietorship firm), having its office
at Sindhipara, P.O. and P.S. Pakur, District Pakur
(Jharkhand), PIN 816107, through its Proprietor Hitesh
Sadhwani, aged about 34 years, son of Late Mahesh Kumar
Sadhwani, resident of Sindhipara, P.O. and P.S. Pakur,
– 18 – WPC 2360 OF 2022 & Batch matters
District Pakur (Jharkhand), PIN 816107.
. … Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 2816 of 2022
CHAMAN TULSYAN, (a Proprietorship concern), having its
office at Jagir Mohalla, P.O. Begusarai, P.S. Begusarai,
District Begusarai (Bihar), PIN 851101, through its
Authorized Signatory, namely, Navin Kumar, aged about 45
years, son of Shivji Prasad, resident of Parsawa, Parsaman,
P.O. and P.S. Parsawa, District Patna (Bihar), PIN 803214.
…. Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Sahebganj, having its office at
District Collectorate, Sahebganj, P.O. & P.S. Sahebganj,
District Sahebganj (Jharkhand).
4. District Mining Officer, Sahebganj, having its office at
– 19 – WPC 2360 OF 2022 & Batch matters
District Collectorate, Sahebganj, P.O. & P.S. Sahebganj,
District Sahebganj, (Jharkhand).
… Respondents
with
W.P. (C) No. 2963 of 2022
M/s Lakhmani Stone Products, a Partnership Firm having its
Office at Sindhipara, Malgodam Road, Pakur, PO, PS & Dist.
– Pakur, through one of its Partner Shri Ritin Lakhmani, aged
about 40 years, S/o Shri Devanand Lakhmani, resident of
Station Road, Sidhipara, Pakur, PO, PS & Dist. – Pakur, PIN –
816107.
… Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
Mines & Geology, Nepal House, Doranda, P.O. & P.S. –
Doranda, District – Ranchi.
2. Secretary Department of Mines & Geology, Nepal House,
Doranda, P.O. & P.S. – Doranda, District – Ranchi.
3. Director, Department of Mines & Geology, Nepal House,
Doranda, P.O. & P.S. – Doranda, District – Ranchi.
4. District Mining Officer, Pakur, PO, PS & Dist. Pakur.
… Respondents
with
W.P. (C) No. 2973 of 2022
M/s Black Diamond Stone Works, a Partnership Firm having
its Office at Harindanga Bazar, PO, PS & Dist. – Pakur
through one of its Partner Ajay Kumar Tebriwal, aged about
53 years, S/o Shri Leladhar Tebriwal, R/o House No. 83,
Ward No. 13, near Shitla Mandir, Marwari Tola, Pakur, PO,
PS & Dist. – Pakur, PIN – 816107
… Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
Mines & Geology, Nepal House, Doranda, P.O. & P.S. –
Doranda, District – Ranchi.
2. Secretary Department of Mines & Geology, Nepal House,
Doranda, P.O. & P.S. – Doranda, District – Ranchi.
3. Director, Department of Mines & Geology, Nepal House,
Doranda, P.O. & P.S. – Doranda, District – Ranchi.
– 20 – WPC 2360 OF 2022 & Batch matters
4. District Mining Officer, Pakur, PO, PS & Dist.- Pakur.
… Respondents
with
W.P. (C) No. 2974 of 2022
M/s Mandhan Minerals Corporation, a Partnership Firm
having its Office at Sindhipara, Malpahadi, Pakur, PO, PS &
Dist. – Pakur through one of its Partner Anil Kumar Tanwani
@ Anil Kumar, aged about 51 years, S/o Late Sadhan Lal
Tanwani, R/o Sindhipara, Malpahadi, Pakur, PO, PS & Dist.
– Pakur, PIN – 816107
… Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
Mines & Geology, Nepal House, Doranda, P.O. & P.S. –
Doranda, District – Ranchi.
2. Secretary Department of Mines & Geology, Nepal House,
Doranda, P.O. & P.S. – Doranda, District – Ranchi.
3. Director, Department of Mines & Geology, Nepal House,
Doranda, P.O. & P.S. – Doranda, District – Ranchi.
4. District Mining Officer, Pakur, PO, PS & Dist. – Pakur.
… Respondents
with
W.P. (C) No. 3048 of 2022
RAJA STONE WORKS, (a Proprietorship concern), having its
office at Balra, P.O. Babhandi, P.S. Hariharganj, District
Palamau (Jharkhand), PIN 822113, through its Proprietor
Chandan, aged about 43 years, son of Vindeshwari Prasad
Singh, resident of Village Balra, P.O. Babhandi, P.S.
Hariharganj, District Palamau (Jharkhand), PIN 822113.
… Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
– 21 – WPC 2360 OF 2022 & Batch matters
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Palamau, having its office at
District Collectorate, Medininagar, P.O. and P.S.
Medininagar, District Palamau (Jharkhand), PIN 822101.
4. District Mining Officer, Palamau, having its office at
District Collectorate, Medininagar, P.O. and P.S.
Medininagar, District Palamau, (Jharkhand), PIN 822101.
… Respondents
with
W.P. (C) No. 3089 of 2022
Deepak Kumar Makhija, alias, Dipak Kumar Makhija, aged
about 57 years, son of Late Kanhaiya Lal, resident of Mal
Godam Road, Sindhipara, P.O. and P.S. Pakur, District Pakur
(Jharkhand), PIN 816107.
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 3090 of 2022
M/s. JITESH STONE WORKS (a Proprietorship concern),
having its office at Sindhipara, P.O. and P.S. Pakur, District
Pakur (Jharkhand), PIN 816107, through its Proprietor
Sanjay Kumar, alias, Sanjay Kumar Makhija, aged about 57
– 22 – WPC 2360 OF 2022 & Batch matters
years, son of Late Hasmat Makhija, Dhadka Road, Asansol,
P.O. and P.S. Asansol, District West Burdhaman (West
Bengal), PIN 713302.
…. Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 3091 of 2022
M/S. HASSANAND (a Partnership firm), having its office at
Sindhipara, P.O. and P.S. Pakur, District Pakur (Jharkhand),
PIN 816107, through its Partner, Hassanand, aged about 86
years, son of Late Jial Das Sadhwani, resident of Sindhipara,
P.O. and P.S. Pakur, District Pakur (Jharkhand), PIN 816107.
…. Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
– 23 – WPC 2360 OF 2022 & Batch matters
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 3100 of 2022
M/s. JITESH STONE WORKS (a Proprietorship concern),
having its office at Sindhipara, P.O. and P.S. Pakur, District
Pakur (Jharkhand), PIN 816107, through its Proprietor
Sanjay Kumar, alias, Sanjay Kumar Makhija, aged about 57
years, son of Late Hasmat Makhija, Dhadka Road, Asansol,
P.O. and P.S. Asansol, District West Burdhaman (West
Bengal), PIN 713302.
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
…Respondents
with
W.P. (C) No. 3110 of 2022
Manohar Lal Sadhwani (a Proprietorship concern), having its
office at Sindhipara, P.O. and P.S. Pakur, District Pakur
(Jharkhand), PIN 816107, through its Proprietor, Manohar
Lal, aged about 62 years, son of Hassanand Sadhwani,
resident of 105G, Block-F, 1st Floor, Humayun Kabir Sarani,
– 24 – WPC 2360 OF 2022 & Batch matters
P.O. and P.S. New Alipore, District Kolkata (West Bengal),
PIN-700053.
….Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
… Respondents
with
W.P. (C) No. 3112 of 2022
Deepak Kumar Makhija, alias, Dipak Kumar Makhija, aged
about 57 years, son of Late Kanhaiya Lal, resident of Mal
Godam Road, Sindhipara, P.O. and P.S. Pakur, District Pakur
(Jharkhand), PIN 816107.
….Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
– 25 – WPC 2360 OF 2022 & Batch matters
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand)
…Respondents
with
W.P. (C) No. 3348 of 2022
M/s. New Muskan Stone Works, (a Partnership firm) having
its office at Sitapahari, P.O. and P.S. Sitapahari, District
Pakur, PIN 816107 (Jharkhand), through its Partner,
Mahubul Shaikh, aged about 57 years, son of Almesh
Shaikh, resident of Sitapahari, P.O. and P.S. Sitapahari,
District Pakur-816107 (Jharkhand).
…. Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand)
…Respondents
with
W.P. (C) No. 3376 of 2022
M/s Tara Stone Works, a Partnership Firm having its Office
at Sindhipara, PO, PS & Dist. – Pakur through its Proprietor
Tara Chand Kirrimchandani, aged about 54 years, S/o Late
Master Sundar Das, R/o Sindhipara, Ward No. 15, Pakur,
PO, PS & Dist. – Pakur, PIN – 816107
…Petitioner
Versus
– 26 – WPC 2360 OF 2022 & Batch matters
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, Nepal House, Doranda,
P.O. & P.S.- Doranda, District- Ranchi.
2. Secretary Departmet of Mines & Geology, Nepal House,
Doranda, P.O. & P.S.- Doranda, District – Ranchi.
3. Director, Department of Mines & Geology, Nepal House,
Doranda, P.O. & P.S. – Doranda, District- Ranchi.
4. District Mining Officer, Pakur, PO, PS & Dist. – Pakur.
…Respondents
with
W.P. (C) No. 3377 of 2022
M/s Mandhan Minerals Corporation, a Partnership Firm
having its Office at Sindhipara, Malpahadi, Pakur, PO, PS &
Dist. – Pakur through one of its Partner Anil Kumar Tanwani
@Anil Kumar, aged about 51 years, S/o Late Sadhan Lal
Tanwani, R/o Sindhipara, Malpahadi, Pakur, PO, PS & Dist.
– Pakur, PIN – 816107
… Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
Mines & Geology, Nepal House, Doranda, P.O. & P.S. –
Doranda, District – Ranchi.
2. Secretary Department of Mines & Geology, Nepal House,
Doranda, P.O. & P.S. – Doranda, District – Ranchi.
3. Director, Department of Mines & Geology, Nepal House,
Doranda, P.O. & P.S. – Doranda, District – Ranchi.
4. District Mining Officer, Pakur, PO, PS & Dist.- Pakur.
… Respondents
with
W.P. (C) No. 3378 of 2022
M/s Satya Laghu Udyog, a Proprietorship Firm having its
Office at Village – Sindhipara, PO, PS & Dist. – Pakur
through its Proprietor Shri Kishore Kumar Khemai, aged
about 60 years, S/0 Late Kanhaiya Lal Khemani, R/o
Mission Road, Sindhipara, PO, PS & Dist. – Pakur, PIN –
816107
…Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
Mines & Geology, Nepal House, Doranda, P.O. & P.S. –
– 27 – WPC 2360 OF 2022 & Batch matters
Doranda, District – Ranchi.
2. Secretary Department of Mines & Geology, Nepal House,
Doranda, P.O. & P.S. – Doranda, District – Ranchi.
3. Director, Department of Mines & Geology, Nepal House,
Doranda, P.O. & P.S. – Doranda, District – Ranchi.
4. District Mining Officer, Pakur, PO, PS & Dist.- Pakur.
… Respondents
with
W.P. (C) No. 3379 of 2022
M/s Sunita Ganguly, a Proprietorship Firm having its Office
at Baliharpur, PO, PS & Dist. – Pakur through its Proprietor
Smt. Sunita Ganguly, aged about 56 years, W/o Shri
Ardhendu Ganguly, R/o Baliharpur, PO, PS & Dist. – Pakur,
PIN – 816107
…Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
Mines & Geology, Nepal House, Doranda, P.O. & P.S. –
Doranda, District – Ranchi.
2. Secretary Department of Mines & Geology, Nepal House,
Doranda, P.O. & P.S. – Doranda, District – Ranchi.
3. Director, Department of Mines & Geology, Nepal House,
Doranda, P.O. & P.S. – Doranda, District – Ranchi.
4. District Mining Officer, Pakur, PO, PS & Dist. Pakur.
… Respondents
with
W.P. (C) No. 3380 of 2022
M/s Mandhan Minerals Corporation, a Partnership Firm
having its Office at Sindhipara, Malpahadi, Pakur, PO, PS &
Dist. – Pakur through one of its Partner Anil Kumar Tanwani
@Anil Kumar, aged about 51 years, S/o Late Sadhan Lal
Tanwani, R/o Sindhipara, Malpahadi, Pakur, PO, PS & Dist.
– Pakur, PIN – 816107
… Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
Mines & Geology, Nepal House, Doranda, P.O. & P.S. –
– 28 – WPC 2360 OF 2022 & Batch matters
Doranda, District – Ranchi.
2. Secretary Department of Mines & Geology, Nepal House,
Doranda, P.O. & P.S. – Doranda, District – Ranchi.
3. Director, Department of Mines & Geology, Nepal House,
Doranda, P.O. & P.S. – Doranda, District – Ranchi.
4. District Mining Officer, Pakur, PO, PS & Dist.- Pakur.
… Respondents
with
W.P. (C) No. 3448 of 2022
M/s. NJP STONE WORKS, (a Partnership firm) having its
office at Mouza Siulidanga, P.O. Hiranpur, P.S. Pakur,
District Pakur, PIN 816107 (Jharkhand), through its Partner,
Md. Noorujjaman Shekh, aged about 33 years, son of Manjur
Shekh, resident of Village-Rahaspur, P.O. Rahaspur, P.S.
Pakur, District Pakur- 816107 (Jharkhand).
…. Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand)
…Respondents
with
W.P. (C) No. 3545 of 2022
M/s A.B. COMPANY, (a Proprietorship firm) having its Office
at Sahargram, Mouza Simaldhab, P.S. Hiranpur, District
Pakur, PIN 816106 (Jharkhand), through its Proprietor,
Avinash Ranjan, aged about 28 years, son of Banarsi Singh
– 29 – WPC 2360 OF 2022 & Batch matters
Yadav, resident of Annapurna Colony, Ward No. 10, P.O.
Pakur, P.S. Pakur, District Pakur, PIN 816107 (Jharkhand).
…. Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand)
…Respondents
with
W.P. (C) No. 3676 of 2022
Mukhleshur Alam, aged about 52 years Son of Sabir Ali,
Resident of Janki Nagar, P.O.-Prithvinagar, P.S.-Pakur(M),
Dist- Pakur.
….Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.Deputy Commissioner, Pakur, P.O. & P.S. Doranda, Dist-
Ranchi.
3. The District Mining Officer, Pakur, P.O. & P.S.-Pakur, Dist-
Pakur.
…Respondents
with
W.P. (C) No. 3707 of 2022
M/s Salboni Stone Works, through its Partner Bimal Kumar
– 30 – WPC 2360 OF 2022 & Batch matters
Pandey, aged about 61 years, Son of Late Bijan Kumar
Pandey, Resident of Village-Rajapara, P.O.-Pakur, P.S.-
Pakur, District- Pakur.
…. Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.Deputy Commissioner, Pakur, P.O. & P.S. Doranda, Dist-
Ranchi.
3. The District Mining Officer, Pakur, P.O. & P.S.-Pakur, Dist-
Pakur.
with
W.P. (C) No. 3720 of 2022
Shailesh Kumar, aged about 42 years, son of Saryu Singh,
resident of House No. 09, Ward No. 15, Sundarlal Mishra
Road, Near Kali Mandir, Castair Town, Deoghar, P.O. and
P.S. Deoghar, District Deoghar- 814112 (Jharkhand).
…Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Deoghar, having its office at District
Collectorate, Deoghar, P.O. & P.S. Deoghar District Deoghar-
814112 (Jharkhand).
4.District Mining Officer, Deoghar, having its office at District
Collectorate, Deoghar, P.O. & P.S. Deoghar, District Deoghar-
814112 (Jharkhand).
...Respondents
with
- 31 - WPC 2360 OF 2022 & Batch matters
W.P. (C) No. 3790 of 2022
M/s. Mahadev Stone Works, (a Proprietorship firm) having
its Office at Tantipara, P.O. Pakur, P.S. Pakur, District
Pakur- 816107 (Jharkhand), through its Proprietor Lalan
Singh, aged about 66 years, son of Late Baleshwar Singh,
resident of Kalpara, Ward No. 09, P.O. and P.S. Pakur,
District Pakur- 816107 (Jharkhand).
…Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand)
…Respondents
with
W.P. (C) No. 3826 of 2022
M/s. Sukhi Stone Works, (a Proprietorship concern) having
its Office at Village Anguthia, Hiranpur, P.O. & P.S.
Hiranpur, District Pakur, PIN 816107 (Jharkhand), through
its Proprietor Rajoo Sheikh, aged about 31 years, son of
Santu Sheikh, resident of Village Bikrampur, P.O.
Nagarnabi, P.S. Bikrampur, District Pakur, PIN 816107
(Jharkhand).
…Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
– 32 – WPC 2360 OF 2022 & Batch matters
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand)
…Respondents
with
W.P. (C) No. 3989 of 2022
M/s Soura Constructions Pvt. Ltd. through its Director
Sourajit Dutta, Aged- about 66 years, Sex- Male, S/o Late
Santosh Kumar Dutta, By Caste- Bengali, Occupation-
Business, Having its registered office at Haridanga Bazar,
P.O. + P.S.- Pakur Dist- Pakur (Jharkhand) and Permanent
Resident of 4 Andul Raj Road, P.O. Southern Market, P.S.
Kalighat, Kolkata- 700026, West Bengal
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. + P.S. Doranda, District Ranchi PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, Doranda, Ranchi 834
002.
3. The Deputy Collector, Pakur P.O. + P.S. Pakur 816107,
(Jharkhand).
4. The District Mining Officer, Pakur, P.O. + P.S. Pakur,
Jharkhand- 816107
…Respondents
With
W.P.(C) No. 3990 of 2022
M/s Bansi Stone Works through its authorized representative
Sourajit Dutta, aged about 66 years, Sex- Male, S/o Late
Santosh Kumar Dutta, By Caste- Bengali, Occupation-
Business, Having its registered office at Haridanga Bazar,
Dist- Pakur (Jharkhand) and permanent Resident of 4 Andul
Raj Road, Kolkata- 700026, West Bengal
… Petitioner
Versus
1. The State of Jharkhand
– 33 – WPC 2360 OF 2022 & Batch matters
2. The Director, Mines Directorate, Department of Mines and
Geology, Govt. of Jharkhand, Yojna Bhawan, Doranda,
Ranchi
3. The Deputy Collector, Pakur, PO + PS Pakur, Jharkhand
4. The District Mining Officer, Pakur, PO + PS Pakur,
Jharkhand
…. Respondents
With
W.P.(C) No. 4108 of 2022
M/s Ganga Stone Works, (a Proprietorship concern), having
its office at 1, Main Road, Ratanpur, P.O. and P.S.
Barharwa, District Sahibganj, PIN 816101 (Jharkhand),
through its Proprietor, Arun Kumar Choudhary, aged about
52 years, son of Late Ganga Prasad Choudhary, resident of
Main Road, Ratanpur, P.O. and P.S. Barharwa, District
Sahibganj, PIN 816101 (Jharkhand).
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Sahibganj, having its office at
District Collectorate, Sahibganj, P.O. & P.S. Sahibganj,
District Sahibganj, (Jharkhand).
4.District Mining Officer, Sahibganj, having its office at
District Collectorate, Sahibganj, P.O. & P.S. Sahibganj,
District Sahibganj, (Jharkhand)
…Respondents
With
W.P.(C) No. 4117 of 2022
– 34 – WPC 2360 OF 2022 & Batch matters
M/s Maa Durga Stone Works, (a Proprietorship firm) having
its Office at Raj High School Road, Maa Durga Colony, P.O. &
P.S. Pakur, District Pakur, PIN 816107 (Jharkhand), through
its Proprietor, namely, Soumitro Ghosh, aged about 47 years,
son of Shri Chittaranjan Ghosh, resident of Raj High School
Road, Maa Durga Colony, P.O. & P.S. Pakur, District Pakur,
PIN 816107 (Jharkhand).
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) …Respondents
With
W.P.(C) No. 4118 of 2022
M/s Maa Durga Stone Works, (a Proprietorship firm) having
its Office at Raj High School Road, Maa Durga Colony, P.O. &
P.S. Pakur, District Pakur, PIN 816107 (Jharkhand), through
its Proprietor, namely, Soumitro Ghosh, aged about 47 years,
son of Shri Chittaranjan Ghosh, resident of Raj High School
Road, Maa Durga Colony, P.O. & P.S. Pakur, District Pakur,
PIN 816107 (Jharkhand).
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
– 35 – WPC 2360 OF 2022 & Batch matters
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) …Respondents
With
W.P.(C) No. 4130 of 2022
M/s Maa Durga Stone Works, (a Proprietorship firm) having
its Office at Raj High School Road, Maa Durga Colony, P.O. &
P.S. Pakur, District Pakur, PIN 816107 (Jharkhand), through
its Proprietor, namely, Soumitro Ghosh, aged about 47 years,
son of Shri Chittaranjan Ghosh, resident of Raj High School
Road, Maa Durga Colony, P.O. & P.S. Pakur, District Pakur,
PIN 816107 (Jharkhand).
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) …Respondents
With
W.P.(C) No. 4131 of 2022
M/s Maa Durga Stone Works, (a Proprietorship firm) having
its Office at Raj High School Road, Maa Durga Colony, P.O. &
P.S. Pakur, District Pakur, PIN 816107 (Jharkhand), through
its Proprietor, namely, Soumitro Ghosh, aged about 47 years,
son of Shri Chittaranjan Ghosh, resident of Raj High School
– 36 – WPC 2360 OF 2022 & Batch matters
Road, Maa Durga Colony, P.O. & P.S. Pakur, District Pakur,
PIN 816107 (Jharkhand).
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) …Respondents
With
W.P.(C) No. 4132 of 2022
Abdul Basir, (A Proprietorship firm) having its Office at
Village Sitapahari, P.O. Sitapahari, P.S. Malpahari, District
Pakur, PIN-816107 (Jharkhand), through its Proprietor,
namely, Adbul Basir, aged about 55 years, son of Late
Dharmuj Shaikh, resident of village Sitapahari, P.O.
Sitapahari, P.S. Malpahari, District Pakur, PIN- 816107
(Jharkhand).
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
– 37 – WPC 2360 OF 2022 & Batch matters
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) …Respondents
With
W.P.(C) No. 4133 of 2022
M/s Maa Durga Stone Works, (a Proprietorship firm) having
its Office at Raj High School Road, Maa Durga Colony, P.O. &
P.S. Pakur, District Pakur, PIN 816107 (Jharkhand), through
its Proprietor, namely Soumitro Ghosh, aged about 47 years,
son of Shri Chittaranjan Ghosh, resident of Raj High School
Road, Maa Durga Colony, P.O. & P.S. Pakur, District Pakur,
PIN 816107 (Jharkhand).
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) …Respondents
With
W.P.(C) No. 4414 of 2022
M/s. Raj Kumar Khurana, a proprietorship concern, having
its office at Munkeri, Chhattarpur, Palamu, P.O. & P.S.
Chhattarpur, District Palamu, PIN 822131, (Jharkhand)
through its Authorized Signatory namely, Shri Shailendra
Kumar, aged about, 46 years, son of Shri Baijnath Singh,
resident of Village-Bara, Chhattarpur, Palamu, P.O. & P.S.
Chhattarpur, District Palamu, PIN 822131, (Jharkhand).
...Petitioner - 38 - WPC 2360 OF 2022 & Batch matters Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Palamu, having its office at District
Collectorate, Medininagar, P.O. & P.S. Medininagar, District
Palamu, (Jharkhand), PIN 822 101
4.District Mining Officer, Palamu, having its office at District
Collectorate, Medininagar, P.O. & P.S. Medininagar, District
Palamu, (Jharkhand) 822 101.
…Respondents
with
W.P.(C) No. 4513 of 2022
MCC Mahadeo Constructions Private Limited (Earlier, M/S.
Mahadeo Construction Co.). a Company registered under the
Companies Act, 2013, having its office at Plot No. 47,
Mashihani, Opposite Chhattarpur Block, P.O and P.S.
Chhattarpur, District Palamau, PIN 822113, (Jharkhand),
through its Director namely, Anil Kumar Singh, aged about
55 years, son of Late Chitranjan Singh, resident of B-2/259,
Flat No. 301, Sadhubela Apartment, Bhadainiansh, B-2 Lane
No. 14, Rabindrapuri Colony, P.O. and P.S. Varanasi, District
Varanasi, PIN 221001, (Uttar Pradesh).
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834002.
3.Deputy Commissioner, Palamau, having its office at District
Collectorate, Medininagar, P.O. & P.S. Medininagar, District
– 39 – WPC 2360 OF 2022 & Batch matters
Palamau, (Jharkhand) PIN 822 101
4.District Mining Officer, Palamau, having its office at District
Collectorate, Medininagar, P.O. and P.S. Medininagar
District Palamu, (Jharkhand) PIN 822 101
…Respondent.
With
W.P.(C) No. 4558 of 2022
DINESH STONE WORKS (a Proprietorship concern), having
its office at Village Khaksa, P.O. Khaksa, P.S. Pakuria,
District Pakur, (Jharkhand), PIN 816107, through its
Proprietor, Dinesh Murmu, aged about 51 years, son of
Kalidas Murmu, resident of Village Khaksa, P.O. Khaksa P.S.
Pakuria, District Pakur (Jharkhand), PIN 816107.
…. Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand)
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand)
…Respondents.
With
W.P.(C) No. 4991 of 2022
M/s Vidyarthi Stone Works, a Proprietorship concer, having
its Works at Mouza -Godwa, Taljhari, P.O. Sakrigali, P.S.
Taljhari, District Sahibganj-816115, through its Proprietor,
namely, Prashant Pandey, aged about 30 years, son of Late
Parmanand Pandey, resident of Village-Refugee Colony, Saint
Joseph, Sahibganj, P.O. and P.S. Sahibganj, District
– 40 – WPC 2360 OF 2022 & Batch matters
Sahibganj, PIN 816109 (Jharkhand).
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Sahibganj, having its office at
District Collectorate, Sahibganj, P.O. & P.S. Sahibganj,
District Sahibganj District Sahibganj-816109 (Jharkhand).
4.District Mining Officer, Sahibganj, having its office at
District Collectorate, Sahibganj, P.O. & P.S. Sahibganj,
District Sahibganj, District Sahibganj-816109, (Jharkhand).
…Respondents
With
W.P.(C) No. 4992 of 2022
Madan Kant, aged about 66 years, son of late Dudhnath
Choudhary, resident of Netaji Subhash Colony, P.S.
Jirwabadi, P.O. & District Sahibganj, (Jharkhand), PIN-
816109 ... Petitioner Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Sahibganj, having its office at
District Collectorate, Sahibganj, P.O. & P.S. Sahibganj,
District Sahibganj District Sahibganj (Jharkhand).
– 41 – WPC 2360 OF 2022 & Batch matters
4.District Mining Officer, Sahibganj, having its office at
District Collectorate, Sahibganj, P.O. & P.S. Sahibganj,
District Sahibganj, District Sahibganj (Jharkhand).
…Respondent
With
W.P.(C) No. 5025 of 2022
Atanu Sinha, aged about 53 years, son of Sri Amal Kumar
Sinha Resident of Village- 151, Abdul Samad Road, Gora
Bazar, P.O.& P.S.- Barhampur, Distt.- Murshidabad (W.B.)
… Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, Yojna Bhawan, P.O. & P.S.
Doranda, District Ranchi (Jharkhand)
2.The Director of Mines, Mines Directorate, Department of
Mines and Geology, Government of Jharkhand, Yojna
Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)
3. The Deputy Commissioner, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand).
4. The District Mining Officer, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand)
…Respondents
With
W.P.(C) No. 5026 of 2022
Goutam Singh, aged 48 years, son of Sri Shambhu Bhagat
Resident of- Nichubazar, P.O. & P.S.- Nalhati, Distt.-
Birbhum (W.B.)
… Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, Yojna Bhawan, P.O. & P.S.
Doranda, District Ranchi (Jharkhand)
2.The Director of Mines, Mines Directorate, Department of
Mines and Geology, Government of Jharkhand, Yojna
Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)
– 42 – WPC 2360 OF 2022 & Batch matters
3. The Deputy Commissioner, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand).
4. The District Mining Officer, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand)
…Respondents
With
W.P.(C) No. 5029 of 2022
M/S D.S. Stone Works, Prop:- Dina Nath Bhagat alias Dina
Nath Prasad Bhagat, aged about 52 years Son of Sri Sitaram
Pd. Bhagat Resident of- Harindanga Bazar, P.O. & P.S.
Pakur, Distt.- Pakur (Jharkhand)
.. Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, P.O. & P.S. Doranda,
District Ranchi
2.The Director of Mines, Mines Directorate, Department of
Mines and Geology, Government of Jharkhand, Yojna
Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)
3. The Deputy Commissioner, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand).
4. The District Mining Officer, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand)
…Respondents
With
W.P.(C) No. 5032 of 2022
Ali Reza, age about 42 years, son of Gulam Mustafa Resident
of Village-Gangadda, P.O. – Raddipur & P.S. Maheshpur,
Distt.- Pakur (Jharkhand)
… Petitioner
Versus
1. The State of Jharkhand, through the Secretary,
Department of Industries, Mines and Geology, Yojna Bhawan,
P.O. & P.S. Doranda, District Ranchi (Jharkhand)
2.The Director of Mines, Mines Directorate, Department of
Mines and Geology, Government of Jharkhand, Yojna
Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)
3. The Deputy Commissioner, Pakur, District Collectorate,
– 43 – WPC 2360 OF 2022 & Batch matters
Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand).
4. The District Mining Officer, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand)
…Respondents
With
W.P.(C) No. 5069 of 2022
Md Riyajuddin, age 71 years, son of Md. Giyasuddin Resident
of Village- Bohra, P.O.- Raddipur & P.S. Maheshpur, Distt.-
Pakur (Jharkhand)
… Petitioner
Versus
1.That State of Jharkhand, through its Secretary,
Department of Industries, Mines and Geology, Yojna Bhawan,
P.O. & P.S. Doranda, District Ranchi (Jharkhand)
2.The Director of Mines, Mines Directorate, Department of
Mines and Geology, Government of Jharkhand, Yojna
Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand),
PIN 834 002.
3. The Deputy Commissioner, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand).
4. The District Mining Officer, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand)
…Respondents
With
W.P.(C) No. 5088 of 2022
Madan Kant, aged about 66 years, son of late Dudhnath
Choudhary, resident of Netaji Subhash Colony, P.S.
Jirwabadi, P.O. & District Sahibganj, (Jharkhand), PIN-
816109
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
– 44 – WPC 2360 OF 2022 & Batch matters
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Sahibganj, having its office at
District Collectorate, Sahibganj, P.O. & P.S. Sahibganj,
District Sahibganj District Sahibganj (Jharkhand).
4.District Mining Officer, Sahibganj, having its office at
District Collectorate, Sahibganj, P.O. & P.S. Sahibganj,
District Sahibganj, District Sahibganj (Jharkhand).
…Respondent
With
W.P.(C) No. 5162 of 2022
M/s. National Stone Works. Proprietor- Jawaharlal Singh,
aged 82 years, Son of late Siteshwar Singh Resident of
Village, &P.O. & P.S.- Chatra, Distt.- Birbhum (W.B.
… Petittioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, Yojna Bhawan, P.O. & P.S.
Doranda, District Ranchi (Jharkhand)
2.The Director of Mines, Mines Directorate, Department of
Mines and Geology, Government of Jharkhand, Yojna
Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)
3. The Deputy Commissioner, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand).
4. The District Mining Officer, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand)
…Respondents
With
W.P.(C) No. 5199 of 2022
Maharo Mineral Development Corporation Through its
Proprietor namely, Anup Sinha Biswas, Aged about 65 years,
Son of Late Balram Sinha @ Baldev Bishwas R/o Mohalla-
Baliharpur, P.O.-Pakur, P.S.- Pakur(T), District- Pakur
(Jharkhand)
… Petittioner
Versus
1. The State of Jharkhand, through its Secretary, Department
– 45 – WPC 2360 OF 2022 & Batch matters
of Industries, Mines and Geology, Yojna Bhawan, P.O. & P.S.
Doranda, District Ranchi (Jharkhand)
2.The Director of Mines, Mines Directorate, Department of
Mines and Geology, Government of Jharkhand, Yojna
Bhawan, P.O. & P.S. Doranda, District Ranchi (Jharkhand)
3. The Deputy Commissioner, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand).
4. The District Mining Officer, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt.-Pakur, (Jharkhand)
…Respondents
With
W.P.(C) No. 5969 of 2022
Rohit Rajdev, aged about 35 years, Son of Late Bhagwan Das
Rajdev, Resident of Village-Tantipara, P.O. and P.S. Pakur,
District-Pakur.
… Petittioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. & P.S. Doranda, District Ranchi PIN-834002.
2. The Deputy Commissioner, Pakur, P.O. & P.S. Pakur,
District-Pakur.
3. The District Mining Officer, Pakur, P.O. and P.S. Pakur,
District- Pakur.
…Respondents
With
W.P.(C) No. 6277 of 2022
M/s Suraj Stone Works, (a Proprietorship firm) having its
works at Mouza Pipaljori, P.O. Nagarnavi, P.S. Pakur, District
Pakur, through its Proprietor, namely, Pankaj Bhagat, aged
about 30 years, son of Pradip Bhagat, resident of Bhagat
Para, Pakur, P.O. & P.S. Pakur, District Pakur, PIN 816107
(Jharkhand).
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
– 46 – WPC 2360 OF 2022 & Batch matters
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) …Respondents.
With
W.P.(C) No. 6337 of 2022
M/s Nirmal Kumar Tibrewal, (a Proprietorship firm) having
its works at office at Harindanga Bazar, P.O. & P.S.
Harindanga Bazar, District Pakur, PIN- 816107, through its
Proprietor, namely, Nirmal Kumar Tibrewal, aged about 52
years, son of Jita Ram Tebriwal, resident of House No. 83,
Ward No. 13, Marwari Tola, Harindanga Bazar, P.O. & P.S.
Pakur, District Pakur, PIN 816107 (Jharkhand).
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) …Respondents.
With
W.P.(C) No. 6338 of 2022
- 47 - WPC 2360 OF 2022 & Batch matters
M/s Chacha Bhatija Stone Works, (a Partnership firm),
having its office at village Kadamsar, P.O. & P.S. Jhikarhatti,
District Pakur, PIN 816107 (Jharkhand), through its Partner,
namely, Faizuddin Shaikh, aged about 59 years, son of
Hasumudin Shekh, resident of village Kismat Kadamsar, P.O.
& P.S. Jhikarhatti, District Pakur, PIN 816107 (Jharkhand).
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) …Respondents.
With
W.P.(C) No. 6348 of 2022
Nazrul SK & Others, (a Partnership firm), having its office at
village Kadamsar, Pakur, P.O. & P.S. Pakur, District Pakur,
PIN 816107 (Jharkhand), through its Partner, namely, Nazrul
Shekh, aged about 57 years, son of Late Subhan Shekh,
resident of Gram Panchyat-Sismat Dadamsar, P.O. & P.S.
Kismat Kadamsar, District Pakur, PIN 816107 (Jharkhand).
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
– 48 – WPC 2360 OF 2022 & Batch matters
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) …Respondents
With
W.P.(C) No. 145 of 2023
Om Stone Works, (a Proprietorship firm) having its works at
Mouza Pipaljori, P.O. Raj Mahal, P.S. Kotal Pokhar, District
Sahibganj, through its Proprietor, namely, Gyan Prakash
Singh, aged about 51 years, son of Ram Narayan Prasad
Singh, resident of Shiv Durgalay Lane, Sultanganj, Jay
Mangal Complex, Sampatchak, P.O. & P.S. Sultanganj,
District Sultanganj, Patna, PIN 800006, (Bihar).
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Sahibganj, having its office at
District Collectorate, Sahibganj, P.O. & P.S. Sahibganj,
District Sahibganj, (Jharkhand).
4.District Mining Officer, Sahibganj, having its office at
District Collectorate, Sahibganj, P.O. & P.S. Sahibganj,
District Sahibganj, (Jharkhand)
…Respondents
With
W.P.(C) No. 146 of 2023
M/s Hiralal Bhagat, (a Proprietorship concern) having its
works at Mouza Kanupur, P.O. & P.S. Pakur, District Pakur,
– 49 – WPC 2360 OF 2022 & Batch matters
PIN 816107, (Jharkhand), through its Proprietor, namely,
Hiralal Bhagat @ Hiralal Bhakat aged about 67 years, son of
Late Jagannath Bhagat, resident of Village Rajgram, P.O.
Rajgram, P.S. Muraroi, District Birbhum, PIN 731222 (West
Bengal).
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand)
…Respondents
With
W.P.(C) No. 202 of 2023
M/s. Cygnet Stone Works, (A Partnership firm) having its
works at Mouza Jiyajori, P.O. & P.S. Hiranpur, District
Pakur, PIN 816107, (Jharkhand), through its Partner,
namely, Sanjay Kumar Singh, aged about 49 years, son of Raj
Kishore Prasad Singh, resident of Ward No. 3, Raj High
School Road, P.O. & P.S. Pakur, District Pakur, PIN 816107,
(Jharkhand). … Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
– 50 – WPC 2360 OF 2022 & Batch matters
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) … Respondents
With
W.P.(C) No. 209 of 2023
M/s. Cygnet Stone Works, (A Proprietorship concern) having
its works at Mouza Jiyajori, P.O. & P.S. Hiranpur, District
Pakur, PIN 816107, (Jharkhand), through its Proprietor,
namely, Sanjay Kumar Singh, aged about 49 years, son of Raj
Kishore Prasad Singh, resident of Ward No. 3, Raj High
School Road, P.O. & P.S. Pakur, District Pakur, PIN 816107,
(Jharkhand). … Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4.District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) … Respondents
With
W.P.(C) No. 461 of 2023
M/s. Jharkhand Stone Works, (A Partnership Firm), having
its works at Mouza Leba. P.O. & P.S. Tinpahar, District
Sahibganj, through its Partner, namely Md. Irshad Ali, aged
about 45 years, son of Hafijulla Ansari, resident of Bada
Madansahi, P.O. & P.S. Bada Madansahi, District Sahibganj,
– 51 – WPC 2360 OF 2022 & Batch matters
PIN-816109, Jharkhand.
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2. The Secretary, Road Construction Department,
Government of Jharkhand, having its office at Jharkhand
Mantralaya (Project Building), PO. Dhurwa, P.S.
Jagannathpur, District Ranchi (Jharkhand), PIN 834 004.
3.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
4.Deputy Commissioner, Sahibganj, having its office at
Collectorate Building, Sahibganj, P.O. and P.S. Sahibganj,
District Sahibganj, PIN 816109
5.District Mining Officer, Sahibganj, having its office at
Collectorate Building, Sahibganj, P.O. and P.S. Sahibganj,
District Sahibganj, PIN 816109.
…Respondents
With
W.P.(C) No. 466 of 2023
M/s Mira Pahar Stone Mines, (A Partnership Firm), having its
works at Mouza Mirapara, P.O. & P.S. Zirwabari, District
Sahibganj, through its Partner, namely, Md. Rabbul Ansari,
aged about 37 years, son of Md. Abushama Ansari, resident
of Chota Pangro, P.O. & P.S. Bada Madansahi, District
Sahibganj PIN- 816109, Jharkhand.
…. Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2. The Secretary, Road Construction Department,
Government of Jharkhand, having its office at Jharkhand
Mantralaya (Project Building), PO. Dhurwa, P.S.
– 52 – WPC 2360 OF 2022 & Batch matters
Jagannathpur, District Ranchi (Jharkhand), PIN 834 004.
3.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
4.Deputy Commissioner, Sahibganj, having its office at
Collectorate Building, Sahibganj, P.O. and P.S. Sahibganj,
District Sahibganj, PIN 816109
5.District Mining Officer, Sahibganj, having its office at
Collectorate Building, Sahibganj, P.O. and P.S. Sahibganj,
District Sahibganj, PIN 816109.
…Respondents
with
W.P. (C) No. 580 of 2023
Lutfal Haque, Aged about- 44 years, Son of Abdul Rajjak,
Resident of Village- Adityanagar, P.O. Bhasaipaikar, P.S.
Samserganj, District- Mursidabad (West Bengal)
…..Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834002.
2. The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834002.
3. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand) … Respondents
with
W.P. (C) No. 1547 of 2023
M/s. Baleshwar Stone Works Through its Proprietor
namely, Lalan Singh, Aged about 66 years, son of Late
Baleshwar Singh Resident of Kalpara, Pakur, Ward
Number-09, P.S.-Pakur, P.O.-Pakur, District- Pakur
(Jharkhand)
– 53 – WPC 2360 OF 2022 & Batch matters
…Petitioner
Versus
1. The State of Jharkhand, through the Secretary, Deptt. of
Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S.
Doranda, District Ranchi (Jharkhand)
2. The Director of Mines, Mines Directorate, Department of
Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O.
& P.S.-Doranda, District Ranchi (Jharkhand)
3. The Deputy Commissioner, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand).
4. The District Mining Officer, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand)
… Respondents
with
W.P. (C) No. 1548 of 2023
Tridev Engicon Pvt. Ltd. Through its Director namely, Ravi
Shankar Kumar, Aged about 43 Years, son of Sri Upendra
Prasad Singh Resident of Krishnapuri Colony, Wiliums
Town P.O. & P.S. & District- Deoghar (Jharkhand
…Petitioner
Versus
1. The State of Jharkhand, through the Secretary, Deptt.
of Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S.
Doranda, District Ranchi (Jharkhand)
2. The Director of Mines, Mines Directorate, Department of
Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O.
& P.S.-Doranda, District Ranchi (Jharkhand)
3. The Deputy Commissioner, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand).
4. The District Mining Officer, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand)
… Respondents
with
W.P. (C) No. 1549 of 2023
Ravi Shankar Kumar, aged about 43 years, S/o Sri Upendra
Prasad Singh R/o Krishnapuri Colony, Wiliums Town P.O. &
P.S. & District- Deoghar (Jharkhand)
…Petitioner
Versus
– 54 – WPC 2360 OF 2022 & Batch matters
1. The State of Jharkhand, through the Secretary, Deptt. of
Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S.
Doranda, District Ranchi (Jharkhand)
2. The Director of Mines, Mines Directorate, Department of
Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O.
& P.S.-Doranda, District Ranchi (Jharkhand)
3. The Deputy Commissioner, Deoghar, District Collectorate,
Deoghar, P.O. & P.S. Deoghar, Distt.- Deoghar
(Jharkhand).
4. District Mining Officer, Deoghar, District Collectorate,
Deoghar, P.O. & P.S. Deoghar, Distt.- Deoghar (Jharkhand)
… Respondents
with
W.P. (C) No. 1585 of 2023
Purushottam Sharan Prashant, aged about 43 Years, S/o
Late Kamala Sharan R/o Krishnapuri, Wiliums Town P.O. &
P.S. & District- Deoghar (Jharkhand)
…Petitioner
Versus
1. The State of Jharkhand, through the Secretary, Deptt. of
Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S.
Doranda, District Ranchi (Jharkhand)
2. The Director of Mines, Mines Directorate, Department of
Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O.
& P.S.-Doranda, District Ranchi (Jharkhand)
3. The Deputy Commissioner, Deoghar, District Collectorate,
Deoghar, P.O. & P.S. Deoghar, Distt.- Deoghar
(Jharkhand).
4. The District Mining Officer, Deoghar, District Collectorate,
Deoghar, P.O. & P.S. Deoghar, Distt.- Deoghar (Jharkhand)
… Respondents
with
W.P. (C) No. 1588 of 2023
Ravi Shankar Kumar, aged about 43 years, S/o Sri Upendra
Prasad Singh R/o Krishnapuri Colony, Wiliums Town P.O. &
P.S. & District- Deoghar (Jharkhand)
…Petitioner
– 55 – WPC 2360 OF 2022 & Batch matters
Versus
1. The State of Jharkhand, through the Secretary, Deptt. of
Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S.
Doranda, District Ranchi (Jharkhand)
2. The Director of Mines, Mines Directorate, Department of
Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O.
& P.S.-Doranda, District Ranchi (Jharkhand)
3. The Deputy Commissioner, Deoghar, District Collectorate,
Deoghar, P.O. & P.S. Deoghar, Distt.- Deoghar
(Jharkhand).
4. The District Mining Officer, Deoghar, District Collectorate,
Deoghar, P.O. & P.S. Deoghar, Distt.- Deoghar (Jharkhand)
… Respondents
with
W.P. (C) No. 1683 of 2023
Tridev Engicon Pvt. Ltd. Through its Director namely, Ravi
Shankar Kumar, Aged about 43 Years, son of Sri Upendra
Prasad Singh Resident of Krishnapuri Colony, Wiliums Town
P.O. & P.S. & District- Deoghar (Jharkhand
…Petitioner
Versus
1. The State of Jharkhand, through the Secretary, Deptt. of
Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S.
Doranda, District Ranchi (Jharkhand)
2. The Director of Mines, Mines Directorate, Department of
Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O.
& P.S.-Doranda, District Ranchi (Jharkhand)
3. The Deputy Commissioner, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand).
4. The District Mining Officer, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand)
… Respondents
with
W.P. (C) No. 3658 of 2023
Amit Kumar Sinha, aged about 49 years, son of Arun Kumar
Sinha, resident of Near Police Line, Shantipuri, Ward No. 20,
Daltonganj, P.O. & P.S. Palamu, District Palamu, PIN
822101, Jharkhand.
- 56 - WPC 2360 OF 2022 & Batch matters ... Petitioner Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3.Deputy Commissioner, Palamu, having its office at District
Collectorate, Palamu, P.O. & P.S. Palamu, District Palamu
District Palamu (Jharkhand).
4.District Mining Officer, Palamu, having its office at District
Collectorate, Palamu, P.O. & P.S. Palamu, District Palamu,
District Palamu (Jharkhand).
… Respondents
with
W.P. (C) No. 3715 of 2023
M/s Radheshyam Stone Works through its Partner Pankaj
Kumar Tebriwal, aged about 41 years Son of Late Sumer
Kumar Tebriwal, resident of Harindanga Bazar, Baganpur,
Post Office-Pakur, Police Station-Pakur, District- Pakur
(Jharkhand).
… Petitioner
Versus
1.The State of Jharkhand through The Secretary, Department
of Industries, Mines and Geology, Yojna Bhawan, Post Office
and Police Station-Doranda, District-Ranchi (Jharkhand).
2.The Director of Mines, Mines Directorate, Department of
Mines and Geology, Government of Jharkhand, Yojna
Bhawan, Post Office and Police Station- Doranda, District
Ranchi (Jharkhand).
3.The Deputy Commissioner, Pakur, Post Office and Police
Station-Pakur, District-Pakur, Jharkhand.
4.The District Mining Officer, Pakur, Post Office and Police
Station- Pakur, District- Pakur, Jharkhand.
- 57 - WPC 2360 OF 2022 & Batch matters
... Respondents
with
W.P. (C) No. 4132 of 2023
Ali Mohammad, aged about 46 Years, son of Late Manwar
Ali Resident of Gangadda, P.O.-Khapur, P.S.- Maheshpur,
District-Pakur (Jharkhand)
…Petitioner
Versus
1. The State of Jharkhand, through the Secretary, Deptt. of
Industries, Mines & Geology, Government of Jharkhand,
Yojna Bhawan, P.O. & P.S. Doranda, District Ranchi
(Jharkhand)
2. The Director of Mines, Mines Directorate, Department of
Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O.
& P.S.-Doranda, District Ranchi (Jharkhand)
3. The Deputy Commissioner, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand).
4. The District Mining Officer, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, District Pakur (Jharkhand)
… Respondents
With
W.P.(C) No. 5868 of 2023
Binit Kumar Gupta, aged about 38 years, son of Bishwanath
Gupta, resident of Village Mahadevbaran, P.O. & P.S.
Mirachauki, District Sahebganj, PIN 813208, (Jharkhand).
… Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Secretary, Road Construction Department, Government
of Jharkhand, having its office at Jharkhand Mantralaya
(Project Building), PO. Dhurwa, P.S. Jagannathpur, District
Ranchi (Jharkhand), PIN 834 004.
3.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
– 58 – WPC 2360 OF 2022 & Batch matters
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
4.Deputy Commissioner, Sahibganj, having its office at
Collectorate Building, Sahibganj, P.O. and P.S. Sahibganj,
District Sahibganj, PIN 816109
5.District Mining Officer, Sahibganj, having its office at
Collectorate Building, Sahibganj, P.O. and P.S. Sahibganj,
District Sahibganj, PIN 816109.
…Respondents
With
W.P.(C) No. 272 of 2024
Sibu Sarkar @ Shiv Ratan Sarkar, aged about 57 years, son
of Late Samar Sarkar, resident of Village Mahuadanga,
Hiranandpur, P.O. & P.S. Mahuadanga, District Pakur, PIN-
816107, (Jharkhand).
…Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2. The Secretary, Road Construction Department,
Government of Jharkhand, having its office at Jharkhand
Mantralaya (Project Building), P.O. Dhurwa, P.S.
Jagannathpur, District Ranchi (Jharkhand), PIN 834 004.
3. The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
4. Deputy Commissioner, Pakur, having its office at
Collectorate Building, Pakur, P.O. and P.S. Pakur, District
Pakur, PIN 816107.
5. District Mining Officer, Pakur, having its office at
Collectorate Building, Pakur, P.O. and P.S. Pakur, District
Pakur, PIN 816107.
6. Certificate Officer cum Deputy Director of Mines, S.P.
Circle, Dumka, having its office at Collectorate Building,
Dumka, P.O. and P.S. Dumka, District Dumka, PIN-
814101.
... Respondents
With
- 59 - WPC 2360 OF 2022 & Batch matters
W.P.(C) No. 1698 of 2024
Pankaj Kumar, aged about 50 years, son of Late
Gaurkishore Singh, resident of village Bhavangama , P.O.
Bhavangama, P.S. Sarath, District Deoghar (Jharkhand).
…Petitioner
Versus
1. The State of Jharkhand, through its Secretary,
Department of Mines and Geology, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District-Ranchi
(Jharkhand), PIN 834002.
2. The Director, Mines Directorate, Department of Mines and
Geology, having its office at Yojna Bhawan, P.O. and P.S.
Doranda, District- Ranchi (Jharkhand), PIN 834002.
3. Deputy Commissioner, Deoghar, having its office at
District Collectorate, Deoghar, P.O. & P.S. Deoghar,
District- Deoghar (Jharkhand).
4. District Mining Officer, Deoghar, having its office at
District Collectorate, Deoghar, P.O. & P.S. Deoghar,
District- Deoghar (Jharkhand).
… Respondents
With
W.P.(C) No. 1809 of 2024
Ezhar Karim, aged about 55 years, son of Abdul Karim,
resident of Plot No. 2901, Mauza Padapahar, Noamundi,
P.O. and P.S. Noamundi, District- West Singhbhum,
Jharkhand.
… Petitioner
Versus
1. The State of Jharkhand through its Chief Secretary, having
its office at Project Bhawan, Dhurwa, P.O. and P.S.
Dhurwa, District- Ranchi, Jharkhand.
2. The principal Secretary, Department of Mines and Geology,
at Nepal House, Doranda, P.O. Doranda, P.S. Doranda,
District Ranchi, Jharkhand.
– 60 – WPC 2360 OF 2022 & Batch matters
3. The Director of Mines, Department of Mines and Geology,
having its office at Nepal House, Doranda, P.O. Doranda,
P.S. Doranda, District Ranchi, Jharkhand.
4. The Deputy Commissioner, Chaibasa, P.O. and P.S.
Chaibasa, District West Singhbhum, Jharkhand.
5. The District Mining Officer, West Singhbhum, Chaibasa,
P.O. and P.S. Chaibasa, District West Singhbhum,
Jharkhand. … Respondents
With
W.P.(C) No. 1819 of 2024
M/s Trustline Dealers Private Limtied having its office at
Plot No. 116 and 1, Khata No. 175, Mouza- Mugadighiya,
Block Jagnnathpur, Dangwaposi, P.O. and P.S. Dangwaposi,
District- West Singhbhum through its authorized signatory
namely Rashid Ahmed, son of Late Ali Ahmed, resident of
Ward No. 6, Dam Road, Barbil Basti, near Dam Barbil, P.O.
and P.S. Barbil, District- Kendujhar, Odisha.
… Petitioner
Versus
1. The State of Jharkhand through its Chief Secretary, having
its office at Project Bhawan, Dhurwa, P.O. and P.S.
Dhurwa, District- Ranchi
2. The principal Secretary, Department of Mines and Geology,
at Nepal House, Doranda, P.O. Doranda, P.S. Doranda,
District Ranchi
3. The Director of Mines, Department of Mines and Geology,
having its office at Nepal House, Doranda, P.O. Doranda,
P.S. Doranda, District Ranchi
4. The Deputy Commissioner, Chaibasa, P.O. and P.S.
Chaibasa, District West Singhbhum
5. The District Mining Officer, West Singhbhum, Chaibasa,
P.O. and P.S. Chaibasa, District West Singhbhum
… Respondents
With
– 61 – WPC 2360 OF 2022 & Batch matters
W.P.(C) No. 1821 of 2024
M/s Trustline Dealers Private Limtied having its office at
Plot No. 116 and 1, Khata No. 175, Mouza- Mugadighiya,
Block Jagnnathpur, Dangwaposi, P.O. and P.S. Dangwaposi,
District- West Singhbhum through its authorized signatory
namely Rashid Ahmed, son of Late Ali Ahmed, resident of
Ward No. 6, Dam Road, Barbil Basti, near Dam Barbil, P.O.
and P.S. Barbil, District- Kendujhar, Odisha.
… Petitioner
Versus
1. The State of Jharkhand through its Chief Secretary, having
its office at Project Bhawan, Dhurwa, P.O. and P.S.
Dhurwa, District- Ranchi, Jharkhand.
2. The principal Secretary, Department of Mines and Geology,
at Nepal House, Doranda, P.O. Doranda, P.S. Doranda,
District Ranchi, Jharkhand.
3. The Director of Mines, Department of Mines and Geology,
having its office at Nepal House, Doranda, P.O. Doranda,
P.S. Doranda, District Ranchi, Jharkhand.
4. The Deputy Commissioner, Chaibasa, P.O. and P.S.
Chaibasa, District West Singhbhum, Jharkhand.
5. The District Mining Officer, West Singhbhum, Chaibasa,
P.O. and P.S. Chaibasa, District West Singhbhum,
Jharkhand.
… Respondents
With
W.P.(C) No. 3288 of 2024
M/s Laxmi Ganesh Stone Works, (A Partnership Firm),
having its office at Anandpuri Colony, Pakur, P.O. & P.S.
Pakur, District Pakur, PIN 816107 (Jharkhand), through one
of its Partner, namely, Ajay Kumar, aged about 48 years, son
of Awadh Bihari Bhagat, resident of House No. 63, Ajay
Bhawan, Ward No. 03, Near Raj High School Road,
Anandpuri Colony Pakur, P.O. & P.S. Pakur, District Pakur,
PIN 816107 (Jharkhand).
.... Petitioner - 62 - WPC 2360 OF 2022 & Batch matters Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan (Nepal House), P.O. and P.S. Doranda, District
Ranchi (Jharkhand), PIN 834002.
2. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur,
Jharkhand, PIN 816107.
3. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur,
Jharkhand, PIN 816107.
… Respondents
With
W.P.(C) No. 3289 of 2024
Daulat Momin, aged about 62 years, Son of Late Yusuf
Momin, resident of Village Rampur, P.O. & P.S. Pakur,
District Pakur, PIN 816107 (Jharkhand).
…. Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan (Nepal House), P.O. and P.S. Doranda, District
Ranchi (Jharkhand), PIN 834002.
2. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur,
Jharkhand, PIN 816107.
3. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur,
Jharkhand, PIN 816107.
… Respondents
With
W.P.(C) No. 3293 of 2024
M/s. Three Star Stone Works, (A Partnership Firm), having
its office at Village Janki Nagar, Madpara, Pakur, P.O. and
P.S. Pakur, District Pakur, PIN 816107 (Jharkhand), through
one of its Partners, namely, Jiyaul Shekh, aged about 46
years, Son of Ali Hussain, resident of Gram Jankinagar, P.O.
Prithvinagar, P.S. Pakur (Mufassil), District Pakur, PIN
816107 (Jharkhand).
- 63 - WPC 2360 OF 2022 & Batch matters .... Petitioner Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan (Nepal House), P.O. and P.S. Doranda, District
Ranchi (Jharkhand), PIN 834002.
2. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur,
Jharkhand, PIN 816107.
3. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur,
Jharkhand, PIN 816107.
… Respondents
With
W.P.(C) No. 3297 of 2024
M/s. Dada Bhai Stone Works, (A Partnership Firm), having
its office at Taranagar, P.O. Ilami, P.S. Pakur, District Pakur,
PIN 816107 (Jharkhand), through one of its Partner, namely,
Mesbahul Alam, aged about 55 years, son of Late Abubakkar
Saikh, resident of Gram Taranagar, P.O. Ilami, P.S. Pakur,
District Pakur, PIN 816107 (Jharkhand).
…. Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834002.
2. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur,
Jharkhand, PIN 816107.
3. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur,
Jharkhand, PIN 816107.
… Respondents
With
W.P.(C) No. 3346 of 2024
M/s. Jai Guru Stone Works, (A Partnership Firm), having its
office at Village Janki Nagar, Madpara, Pakur, P.O. and P.S.
– 64 – WPC 2360 OF 2022 & Batch matters
Pakur, District Pakur, PIN 816107 (Jharkhand), through one
of its Partners, namely, Jiyaul Shekh, aged about 46 years,
Son of Ali Hussain, resident of Gram Jankinagar, P.O.
Prithvinagar, P.S. Pakur (Mufassil), District Pakur, PIN
816107 (Jharkhand).
…. Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834002.
2. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur,
Jharkhand, PIN 816107.
3. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur,
Jharkhand, PIN 816107.
… Respondents
With
W.P.(C) No. 3352 of 2024
M/s National Black Stone Works, (A Proprietorship Firm),
having its office at Tantipara, Pakur, P.O. and P.S. Pakur,
District Pakur, PIN 816107 (Jharkhand), through its
Proprietor, namely, Rehana Sultana, aged about 50 years,
wife of Abdul Wahab Ansari, resident of Tantipara, Pakur,
P.O. and P.S. Pakur, District Pakur, PIN 816107 (Jharkhand).
…. Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan (Nepal House), P.O. and P.S. Doranda, District
Ranchi (Jharkhand), PIN 834002.
2. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur,
Jharkhand, PIN 816107.
3. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur,
Jharkhand, PIN 816107.
- 65 - WPC 2360 OF 2022 & Batch matters
... Respondents
With
W.P.(C) No. 3501 of 2024
Bibeka Nand Tiwary @ Vivekanand Tiwari, aged about 58
years, Son of Late Jagdish Prasad Tiwari, resident of Hat
Para, Pakur, P.O. and P.S. Pakur, District Pakur, PIN-816107
(Jharkhand). …. Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan (Nepal House), P.O. and P.S. Doranda, District
Ranchi (Jharkhand), PIN 834002.
2. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur,
Jharkhand, PIN 816107.
3. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur,
Jharkhand, PIN 816107.
… Respondents
With
W.P.(C) No. 3568 of 2024
K.C.C. Buildcon Private Limited, (A Company), having its
Corporate office at 5th Floor, JMD Empire, Golf Course,
Extension Road, Sector-62, Gurugram, P.O. & P.S.
Gurugram, District Gurugram, PIN-122102, through its
Authorized Signatory, namely, Rajesh Kaushik, aged about
41 years, son of Jai Prakash, resident of 201/34, Janta
Colony, Rohtak, P.O. & P.S. Rohtak, District Rohtak, PIN-
124001 (Haryana). .... Petitioner Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan (Nepal House), P.O. and P.S. Doranda, District
Ranchi (Jharkhand), PIN 834002.
2. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur,
Jharkhand, PIN 816107.
3. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. and P.S. Pakur, District Pakur,
Jharkhand, PIN 816107.
- 66 - WPC 2360 OF 2022 & Batch matters
... Respondents
with
W.P. (C) No. 3621 of 2024
Tridev Engicon Pvt. Ltd. Through its Director namely, Ravi
Shankar Kumar, Aged about 44 Years, son of Sri Upendra
Prasad Singh Resident of Krishnapuri Colony, Wiliums Town
P.O. & P.S. & District- Deoghar (Jharkhand)
…Petitioner
Versus
1. The State of Jharkhand, through the Secretary, Deptt. of
Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S.-
Doranda, District Ranchi (Jharkhand)
2. The Director of Mines, Mines Directorate, Department of
Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O.
& P.S.-Doranda, District Ranchi (Jharkhand)
3. The Deputy Commissioner, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt. Pakur (Jharkhand).
4. The District Mining Officer, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt. Pakur (Jharkhand)
… Respondents
with
W.P. (C) No. 3626 of 2024
Tridev Engicon Pvt. Ltd. Through its Director namely, Ravi
Shankar Kumar, Aged about 44 Years, son of Sri Upendra
Prasad Singh Resident of Krishnapuri Colony, Wiliums Town
P.O. & P.S. & District- Deoghar (Jharkhand)
…Petitioner
Versus
1. The State of Jharkhand through the Secretary, Deptt. of
Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S.-
Doranda, District Ranchi (Jharkhand)
2. The Director of Mines, Mines Directorate, Department of
Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O.
& P.S.-Doranda, District Ranchi (Jharkhand)
3. The Deputy Commissioner, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt. Pakur (Jharkhand).
– 67 – WPC 2360 OF 2022 & Batch matters
4. The District Mining Officer, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt. Pakur (Jharkhand)
… Respondents
with
W.P. (C) No. 3629 of 2024
M/s. Shivam Stone Works Through its Partner namely,
Bimlendra Kumar, Aged about 55 years, son of Sri Fuldev
Prasad Singh Resident of Village- Rajapara, P.O.-Pakur,
P.S.- Pakur (T), District- Pakur (Jharkhand).
…Petitioner
Versus
1. That State of Jharkhand, through the Secretary, Deptt. of
Industries, Mines & Geology, Yojna Bhawan, P.O. & P.S.
Doranda, District-Ranchi (Jharkhand)
2. The Director of Mines, Mines Directorate, Department of
Mines & Geology, Govt. of Jharkhand,Yojna Bhawan, P.O.
& P.S.-Doranda, District Ranchi (Jharkhand)
3. The Deputy Commissioner, Pakur, District Collectorate,
Pakur, P.O. & P.S. Pakur, Distt. Pakur (Jharkhand).
4. The District Mining Officer, Pakur, District Collectorate,
Pakur, P.O. & P.S.-Pakur, Distt.-Pakur (Jharkhand)
… Respondents
with
W.P. (C) No. 3783 of 2024
M/s. N.S. & Co., (a Partnership Firm), having its office at
Sindhipara, Pakur, P.O. and P.S. Pakur, District Pakur PIN
816107 (Jharkhand), through its Partner Arti Mandhyan,
aged about 62 years, wife of Late jai Kishan Mandhyan,
resident of 18 C Bipin Pal Road, Kalighat, Circus Avenue
Kolkata, P.O. and P.S. Circus Avenue, District Kolkata, PIN
700026 (West Bengal).
…Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
– 68 – WPC 2360 OF 2022 & Batch matters
(Jharkhand), PIN 834 002.
2. The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur
(Jharkhand).
4. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur
(Jharkhand).
… Respondents
with
W.P. (C) No. 3794 of 2024
M/s. N.S. & Co., (a Partnership Firm), having its office at
Sindhipara, Pakur, P.O. and P.S. Pakur, District Pakur PIN
816107 (Jharkhand), through its Partner Arti Mandhyan,
aged about 62 years, wife of Late jai Kishan Mandhyan,
resident of 18 C Bipin Pal Road, Kalighat, Circus Avenue
Kolkata, P.O. and P.S. Circus Avenue, District Kolkata, PIN
700026 (West Bengal).
…Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2. The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur
(Jharkhand).
4. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur
(Jharkhand).
... Respondents
with
W.P. (C) No. 3797 of 2024
- 69 - WPC 2360 OF 2022 & Batch matters
M/s. N.S. & Co., (a Partnership Firm), having its office at
Sindhipara, Pakur, P.O. and P.S. Pakur, District Pakur PIN
816107 (Jharkhand), through its Partner Arti Mandhyan,
aged about 62 years, wife of Late jai Kishan Mandhyan,
resident of 18 C Bipin Pal Road, Kalighat, Circus Avenue
Kolkata, P.O. and P.S. Circus Avenue, District Kolkata, PIN
700026 (West Bengal).
…Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2. The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur,
(Jharkhand).
4. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur
(Jharkhand).
… Respondents
with
W.P. (C) No. 3800 of 2024
M/s. N.S. & Co., (a Partnership Firm), having its office at
Sindhipara, Pakur, P.O. and P.S. Pakur, District Pakur PIN
816107 (Jharkhand), through its Partner Arti Mandhyan,
aged about 62 years, wife of Late jai Kishan Mandhyan,
resident of 18 C Bipin Pal Road, Kalighat, Circus Avenue
Kolkata, P.O. and P.S. Circus Avenue, District Kolkata, PIN
700026 (West Bengal).
…Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2. The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at
– 70 – WPC 2360 OF 2022 & Batch matters
Yojna Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
3. Deputy Commissioner, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur
(Jharkhand).
4. District Mining Officer, Pakur, having its office at District
Collectorate, Pakur, P.O. & P.S. Pakur, District Pakur
(Jharkhand).
… Respondents
with
W.P. (C) No. 3814 of 2024
Chandan Kumar, aged about 46, Son of Chandeshwari
Prasad, resident of House No. 49, Station Road, Gadikhana,
P.O. & P.S. Chaibasa, District West-Singhbhum, PIN-
833201 (Jharkhand).
…Petitioner
Versus
1.The State of Jharkhand, through its Secretary, Department
of Industries, Mines and Geology, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
2.The Secretary, Road Construction Department, Government
of Jharkhand, having its office at Jharkhand Mantralaya
(Project Building), PO. Dhurwa, P.S. Jagannathpur, District
Ranchi (Jharkhand), PIN 834 004.
3.The Director, Mines Directorate, Department of Mines and
Geology, Government of Jharkhand, having its office at Yojna
Bhawan, P.O. and P.S. Doranda, District Ranchi
(Jharkhand), PIN 834 002.
4.Deputy Commissioner, West-Singhbhum, Chaibasa having
its office at Collectorate Building, Chaibasa, P.O. and P.S.
Chaibasa, District West Singhbhum, PIN 833201.
5.District Mining Officer, Sahibganj, West-Singhbhum,
Chaibasa having its office at Collectorate Building,
Chaibasa,P.O. and P.S. Chaibasa, District West-Singhbhum,
PIN 833201.
…Respondents
——-
CORAM: HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MR. JUSTICE ARUN KUMAR RAI
– 71 – WPC 2360 OF 2022 & Batch matters
——
For the Petitioner(s) : Mr. Sumeet Gadodia, Advocate
Mr. Ritesh Kumar Gupta, Advocate
Mr. Prakhar Harit, Advocate
Mr. Shruti Shekhar, Advocate
Mr. Nillohit Choubey, Advocate
Ms. Shilpi Sandil Gadodia, Advocate
Mr. K.K. Ojha, Advocate
Mr. Sahja Nand Saraswati, Advocate
Mr. Indrajit Sinha, Advocate
Mr. Ankit Vishal, Advocate
Mr. Rahul Kumar, Advcoate
Mr. Sudhanshu Kumar Singh, Advocate
Mr. S.N. Das, Advocate
Ms. Saman Ahmad, Advocate
Mr. Om Prakash Singh, Advocate
Mr. Anoop Kumar Mehta, Advocate
Mr. Manish Kumar, Advocate
Mr. Pratyush, Advocate
Mr. Sahay Gaurav Piyush, Advocate
Mr. Nitish Parth Sarthi, Advocate
Mr. Haider Ali, Advocate
Mr. Shailendra Kumar Singh, Advocate
For the State : Mr. Rajiv Ranjan, Advocate General
Mr. Mohan Kumar Dubey, AC to AG
Mr. Sachin Kumar, AAG-II
Mrs. Surabhi, AC to AAG-II
Ms. Sweta Shukla, AC to AAG-II
Mr. Ravi Prakash Mishra, AC to AAG-II
Mr. Ashutosh Anand, AAG III
Mr. Sahbaj Akhtar, AC to AAG III
Ms. Divya, AC to SC III
Mr. Aditya Kumar, AC to Sr. SC I
Mrs. Nirupama, AC to Sr. SC I
Mr. Suresh Kumar, SC (L&C)II
Mr. Rakesh Kumar Singh, AC to SC (L&C) II
Mr. Rahul Saboo, GP II
Mr. Gaurang Jagodia, AC to GP II
Mr. Kunal Chanda Suman, AC toGP II
Mrs. Chaitali C. Sinha, Act o AAG IA
Mr. Jayant Franklin Toppo, GA V
Mr. Raunak Sahay, AC to GP V
– 72 – WPC 2360 OF 2022 & Batch matters
Mr. Sarvendra Kumar, AC to SC (L&C) III
Ms. Sunita Kumari, AC to Sr. SC. II
Mr. Rajesh Kumar Singh, AC to SC (L&C)-II
Mr. Rakesh Kumar Shahi, AC
Mr. Rakesh Ranjan, AC to GA I
——–
CAV on 12/08/2024 Pronounced on 23/09/2024
Per Sujit Narayan Prasad, ACJ:
1. Since the issues involved in the instant batch of writ
petitions are identical, as such with the consent of learned
counsel for the parties, the same were heard together and are
being disposed of by this common order.
Common Prayer made in the writ petitions:
2. These writ petitions have been filed, under Article 226 of
the Constitution of India, with the common prayer for
quashing of different impugned order(s), as contained in
different memo numbers and on different dates. For the sake
of brevity, the prayer as made in first case of the batch case
i.e., W.P.(C) No. 2360 of 2022, is quoted as under:
(I).For issuance of appropriate writ/order/direction for
quashing/setting aside Memo No. 829/M dated 06.05.2022
(Annexure-9) wherein petitioner has been directed to make
payment of the amount of differential Royalty, D.M.F.T.,
Environmental Cess and Income Tax on the sole ground that
Stone Boulder excavated from the mines of the petitioner has
been transported to a Stone Crusher for production of stone
chips, as being wholly illegal, arbitrary and beyond the scope
of the Jharkhand Minor Mineral Concession Rules, 2004.
– 73 – WPC 2360 OF 2022 & Batch matters
(II).For issuance of further appropriate writ/order/directionfor quashing/setting aside Notification dated 16th September,
2019 (Annexure-4) by which Schedule-2 of the Jharkhand
Minor Mineral Concession Rules, 2004 has been amended to
the extent a higher rate of royalty @ Rs. 250/- per cubic meter
has been prescribed for „Boulder, Gravel, Shingle which is
used for making chips‟.
(III).In alternative to prayer (2) above, petitioner prays for
issuance of an appropriate writ/order/direction, including
writ of declaration, declaring that the rate of royalty fixed @
Rs. 250/- cubic meter in respect of mineral for making stone
chips cannot be applied to such mining lessees who are not
having Processing Unit/Crusher Plant within their leasehold
area.”
Facts of the case:
3. Brief facts of the case, as per the pleadings made in the
writ petitions, reads as under:
4. The petitioners are primarily engaged in the business of
mining and have been allotted various mining leases mainly
with respect to Stone Boulders within the territory of the
State of Jharkhand.
5. The State of Jharkhand, in exercise of power conferred
under Section 23-C(1) and 23-C(2) of the „Mines and Mineral
(Development and Regulation) Act, 1957‟, framed rule,
namely, „The Jharkhand Mineral (Prevention of Illegal Mining,
– 74 – WPC 2360 OF 2022 & Batch matters
Transportation and Storage) Rules, 2017 [hereinafter referredto as „Jharkhand Minerals Rules, 2017‟]. Under the said
Rules, the State of Jharkhand provided, inter alia, that no
transportation or otherwise removal of any mineral from any
place would be undertaken without obtaining a Transport
Challan duly generated through „Jharkhand Integrated Mines
and Minerals Management System Portal [in short „JIMMS
Portal‟], which has been recognized under Rule 2(k) of the
Jharkhand Minerals Rules, 2017.
6. It is the case of the petitioners that in some of the cases,
leases are subsisting whereas in some of the cases the leases
have expired. However, the petitioners, who have subsisting
mining lease stated to have separately registered under
JIMMS Portal.
7. Further, the State of Jharkhand, in exercise of power
conferred under Section 15 of the Minor Mineral
(Development and Regulation) Act, 1957 [in short „ MMDR
Act, 1957‟] framed a rule, namely, „Jharkhand Minor Mineral
Concessions Rules, 2004‟ [in short JMMC Rules, 2004‟] in
respect of matters pertaining to minor mineral including levy
of royalty.
8. It has been stated that under Section 9 (2) of the
MMDR Act, there is provision of royalty in respect of mining
lease, which says that the holder of a mining lease granted on
– 75 – WPC 2360 OF 2022 & Batch matters
or after the commencement of this Act shall pay royalty inrespect of any mineral removed or consumed by him or his
agent, manager, employee, contractor or sub-lessee from the
leased area at rate for the time being specified in the Second
Schedule in respect of that mineral.
9. The Section 15(3) of the MMDR Act contains enabling
provisions enabling the State Government to levy royalty or
dead-rent in respect of minor minerals removed or consumed
at the rate prescribed for the time being in the Rules framed
by the State Government in respect of minor minerals.
10. It has been stated that from bare perusal of Section 9(2)
read with Section 15(3) of the MMDR Act, it would be evident
that the said Act contains enabling provisions towards
payment of royalty and the said Sections clearly provide, inter
alia, that payment of royalty would be made by a holder of
mining lease in respect of „mineral removed or consumed in
the leased area‟ to be specified in the Schedule.
11. Further, from bare perusal of provision, as contained
under Section 9(2) and 15(3) of the MMDR Act, it is evident
that payment of royalty is upon removal of mineral and/or
consumption of mineral from the leased area. Thus, the
incidence of levy of royalty is at the stage of removal of
mineral from the leased area and/or consumption of mineral
in the leased area.
– 76 – WPC 2360 OF 2022 & Batch matters
12. In exercise of power conferred under Section 15 of the
MMDR Act, the State of Jharkhand has promulgated
„Jharkhand Minor Mineral Concessions Rules, 2004‟
containing therein rules and regulations of minor minerals
including Boulder.
13. Rule 29 of the JMMC Rules provides for levy of royalty
and Rule 29(1)(kh) of the said Rules provides, inter alia, that
royalty would be payable as per Schedule 2 of the said Rules.
It is stated that original Schedule 2 of the JMMC Rules
determined the rate of royalty to be paid and, under the said
Schedule 2 royalty was payable at the same rate in respect of
Boulder, Gravel, Shingle and/or Boulder, Gravel, Shingle,
which is used for making chips.
14. The State of Jharkhand vide notification dated 16th
September, 2019 revised the rate of royalty in Schedule 2 in
the following manner:
Sl. No. Minerals name Rate of revised ownership
(Per Cubic Meter)
1. Boulder, Gravel, Shingle 132/-
2. Boulder, Gravel, Shingle, which 250/-
is used for making chips
15. However, later on, the Deputy Director, Mines in
exercise of power conferred under provisions of the JMMC
Rules issued a clarification vide letter no. 32 dated
24.03.2022 wherein it was stated that royalty @ Rs. 250/-
– 77 – WPC 2360 OF 2022 & Batch matters
per cubic meter would be charged irrespective of the fact that
a mining lessee is having crusher unit or not within its
mining lease area, if, ultimately, minerals are transported
through Transport Challan to a Crusher Unit.
16. In the backdrop of aforesaid fact, impugned demand
notices were issued to mining lessees stating that mining
lessees transported certain quantity of stone boulders from
their mining leases through Transport Challans to Crusher
Unit have paid royalty @ Rs. 132/- per cubic meter
equivalent to 374 cubic ft. whereas rate of royalty payable on
such boulders were Rs. 250/- per cubic meter equivalent to
708 cubic feet and, accordingly, difference of Rs. 118/- per
cubic meter equivalent to 334 cubic feet of royalty was
demanded along with DMFT Charges, Environmental Charges
and Income Tax.
17. The said notices issued to the petitioners-lessees are the
subject matter of instant writ petitions as also the petitioners
have questioned the notification dated 16th September, 2019
by which Schedule 2 of the Jharkhand Minor Mineral
Concessions Rules has been amended to the extent a higher
rate of royalty @ Rs. 250/- cubic meter for boulder, gravel,
shingle, which is used for making chips, has been charged.
Arguments on behalf of the Petitioner(s):
- 78 - WPC 2360 OF 2022 & Batch matters 18. Mr. Sumeet Gadodia, Learned counsel for the
petitioners has submitted that in terms of provisions of
Section 15(3) of the MMDR Act read with Rule 29(1)(kh) and
29(4) of the JMMC Rules, 2004 royalty is levied only upon
execution and removal of minerals from mining lease area
i.e., the incidence of levy of royalty is the extraction and/or
removal of minor mineral. In the instant case, the petitioners
have removed only „stone-boulders‟ from their mining lease,
which was leviable to royalty, even as per the amended
notification dated 16th September, 2019 @ 132/- per cubic,
but, instead of that impugned notice has been issued
demanding differential royalty from the petitioners on a
future event of crushing stone-boulders and converting the
same into chips, which is beyond the incidence of levy of
royalty under the MMDR Act read with JMMC Rules.
19. In support of this limb of argument, learned counsel for
the petitioner has relied upon the judgment rendered by
Hon‟ble Apex Court in the case of Tata Steel Ltd. Vs. Union
of India & Ors [(2015) 6 SCC 193].
20. Learned counsel for the petitioner has further submitted
that „minor mineral‟, as defined under section 3(e) of the
MMDR Act reveals that „minor mineral‟ means any mineral
which the Central Government may by notification in the
Official Gazette declares to be „minor mineral‟. Showing the
– 79 – WPC 2360 OF 2022 & Batch matters
example of „Sand‟, submission has been made that it is for
the Central Government to declare a „minor mineral‟ and only
mineral i.e., Sand has been declared as both a minor mineral
and major mineral, depending upon its use for prescribed
purpose.
21. It has been submitted that in the case at hand, the
respondent-State has not come out with a case that stone-
boulder has also been notified as a separate minor mineral
enabling the State Government to prescribe a separate royalty
in respect of the same. Therefore, levy of royalty at different
rate of stone-boulders used for making chips is beyond the
competence of the State Government.
22. Learned counsel for the petitioner has further submitted
that the issue as to whether the stone-boulders, which are
crushed into stone grits, stone chips and stone dust etc.
could result into transformation into a new commodity or
would remain as the same mineral, has been answered by
Hon‟ble Apex Court in the case of State of Uttar Pradesh &
Ors Vs. Kumaon Crusher [(2018) 14 SCC 53] holding that
the nature and character of stone remains the same even
after crushing the boulder into small stone, stone-chips,
stone-dust etc.
23. In addition to the aforesaid argument, Mr. Indrajit
Sinha, learned counsel for the petitioners has submitted that
– 80 – WPC 2360 OF 2022 & Batch matters
issue of „nature of royalty‟ fell for consideration before nine-
Judge Bench of Hon‟ble Supreme Court in the case of
Mineral Area Development Authority Vs. Steel Authority
of India Limited & Others [2024 SCC OnLine 1796]
wherein by majority of 8:1, it has been held that royalty is not
a tax but is the consideration paid to the State Government.
In support of his argument, he has relied upon paragraphs
64, 65, 67, 96, 177 and 342 of the said judgment.
24. Referring to the judgment rendered in Mineral Area
Development Authority Vs. Steel Authority of India
Limited (supra), in particular paragraph 124, submission
has been submitted that Section 9 of the MMDR Act
statutorily regulates the right of a lessor to receive
consideration in the form of royalty from the lessee for
removing or carrying away minerals from the leasehold area.
The said interpretation will apply with equal force to Section
15(3) of the MMDR Act. Therefore, the royalty is payable by
the lessee, which in this case is the petitioners, to the lessor,
the State of Jharkhand for removing or carrying away
minerals from the leasehold area.
25. Thus, the statute as well as the judgment of the Hon‟ble
Supreme Court unequivocally and unambiguously indicate
that royalty is payable when the “mineral” is removed outside
the leasehold area or is consumed inside the leasehold area.
– 81 – WPC 2360 OF 2022 & Batch matters
The natural corollary of the above is that the royalty is paid
on the mineral in the form in which it leaves the leasehold
boundaries and not which it possibly can be converted at a
later point of time. Therefore, the royalty is payable on
mineral in praesentia and not in futuro.
26. It has further been submitted that by virtue of Section
15(3) of the MMDR Act, the State Governments have been
empowered to prescribe the rates of royalty, the delegation is
specific. Neither expressly not impliedly, the Parliament has
conferred on the State Government the power to create a new
mineral as a minor mineral or to empower the State
Government to defer the point of charging of royalty on the
mineral. But, the State Government, by amending Entry 2 of
Schedule 2 of the JMMC Rules vide notification dated 16th
September, 2019 overreaches the restrictions imposed by the
Parliament. Therefore, it has not only brought into existence
a new mineral in the form of boulder, gravel, shingle, which is
used for making chips but has also levy royalty on a product
which will come into existence at a later point of time and
thereby has deferred the point of chargeability. Therefore,
submission has been made that entry 2 of Schedule 2 of the
JMMC Rules, which provides for boulder, gravel, shingle,
used for making chips, is completely illegal and beyond
jurisdiction.
– 82 – WPC 2360 OF 2022 & Batch matters
27. It has further been submitted that as a matter of fact,
the entry 2 of schedule 2 of JMMC Rules is not in consonance
with the terms and conditions of the statutory lease. In terms
of the lease, the lessor (State) is not entitled to levy royalty on
an event which may happen to future after the mineral
travels beyond the lease hold area and any inconsistency
between the above would have to make a way for the terms
and conditions set out in the statutory lease.
28. Relying upon the judgment rendered by Hon‟ble Apex
Court in the case of Naresh Chandra Agarwal Vs. Institute
of Chartered Accountants of India and others [2024 SCC
OnLine 114] submission has been made that if a subordinate
legislation breaches the limitation imposed by the parent
statute then the courts would not hesitate to struck down the
same and in the case at hand, applying the said legal
principles it is evident that State of Jharkhand has travelled
beyond the parent statute i.e., MMDR Act, therefore, the
impugned notification to the extent of Entry 2 Schedule 2 of
the Jharkhand Minor Mineral Concession Rules, 2004 is
liable to be struck down, as the State of Jharkhand has no
authority or competence to provide for a separate and higher
rate of royalty on boulder, gravel, shingle, which is used for
making chips and the same rate of royalty which is payable
on boulder, gravel, shingle be charged.
– 83 – WPC 2360 OF 2022 & Batch matters
29. Mr. Anoop Kumar Mehta, adding to the argument
advanced by other counsel, submitted that there cannot be
two rates of royalty for the same mineral based upon the use
of mineral dispatched as Run of Mine (RoM) from leasehold
area in absence of any intelligible differentia.
30. It has further been submitted that mineral „boulder‟
having not been subjected to processing and converting it to
chips within the leasehold area, petitioners would only be
liable to pay royalty on boulders @ Rs. 132/cum and not at
the rate of Rs. 250/Cum.
31. It has further been submitted that had the mineral
„boulder‟ been processed within leasehold area and then
dispatched outside the leasehold area after value addition the
respondents-State would have been entitled to higher rate of
royalty upon conversion of „boulder‟ to „stone chips.
32. Taking the ground of principles of natural justice,
submission has been made that before issuance of impugned
demand notice, no proper opportunity of hearing has been
afforded to the writ petitioners and even the respondents had
not considered the replies so submitted by the petitioners.
33. It has been submitted that fixation of rates of royalty at
different rates in respect of the same mineral at the stage of
dispatch or consumption does not appear to be legally
justified. By such course of action, the lessor subjected the
– 84 – WPC 2360 OF 2022 & Batch matters
writ petitioners-lessee to the dual test of arbitrariness and
discrimination while determining different rates of royalty in
respect of the same mineral i.e., „boulder‟.
34. It has further been submitted that the petitioners, who
are mining lessees in respect of minor mineral „boulder‟ have
been raising invoices to the buyers/consumers irrespective of
the nature of use.
35. Referring to the judgment rendered by Co-ordinate
Division Bench of this Court in the case of M/s Master
Sunder Das & Sons Vs. The State of Jharkhand & Ors in
WPC No. 601 of 2024, further submission has been made
that the writ petitioners therein were held liable to pay royalty
for boulder and not for boulders to be use for stone-chips.
36. The other counsel appearing for the petitioners in rest
cases have adopted the argument so advanced.
Submission of the Respondents State
37. Mr. Sachin Kumar, learned AAG-II appearing for the
respondents-State of Jharkhand has led the argument in the
instant batch of cases.
38. Learned counsel for the respondents-State has
submitted that Section 15 of the Mines and Minerals
(Regulation and Development) Act, 1957, provides power to
the State Government to make rules by notification in official
gazette for regulating the grant of quarry leases, mining or
– 85 – WPC 2360 OF 2022 & Batch matters
other mineral concession, fixing and collection of rent,
royalty, fees, dead rent, fines or other charges and the time
within which and the manner in which these shall be payable
in respect of minor mineral and for purposes connected
therewith.
39. The State, in exercise of power conferred under Section
15 of the MMDR Act, 1957, made Jharkhand Minor Mineral
Concession Rules, 2004 and as per Rule 29(1)(kh) thereof,
royalty is chargeable as per rate notified from time to time in
Schedule 2 of the Rules.
40. It has been submitted that at paragraph 1 of Schedule 2
of the JMMC Rules, 2004, it has been mentioned that the
royalty for mineral Boulder, Gravel, Shingle is chargeable at
the rate of Rs. 132 per cubic meter w.e.f. 19.09.2019 and
royalty for mineral Boulder, Gravel, Shingle, which is used for
making chips will be chargeable at the rate of Rs. 250 per
cubic meter w.e.f. 19.09.2019.
41. So far power of the State Government to amend/revise
the rate of royalty is concerned, submission has been made
that as per Section 15 of the MMDR Act, 1957 the State
Government can amend/revise the royalty rate in three years
and the last amendment in the rate of royalty was made in
the year 2015 [29.04.2015] and thereafter, after a gap of four
years, the schedule rate has been notified vide impugned
– 86 – WPC 2360 OF 2022 & Batch matters
Notification No. 1509/M dated 16.09.2019, which cannot be
said to be without jurisdiction rather the notification was
published as per provision of Section 15 of the MMDR Act,
1957.
42. Therefore, the lessee is duty-bound to pay the rent as
per the provisions of Rule 29 of the JMMC Rules and
conditions stipulated in the lease deed duly executed and
registered under Rule 22 of the JMMC Rules, 2004.
43. It has been submitted that the some of the petitioners
have stone crushers inside the mining lease areas and some
have outside, however, in some of the cases, the petitioners
have both inside and outside the stone crushers.
44. But the only question is that if the petitioner uses/sells
the boulders for making chips, irrespective of the fact
whether it is made inside or outside the lease hold area
rather it depends upon its uses, and accordingly, the
petitioner(s) has to pay royalty @ 250/- per cubic meter, as
per provisions of Rule 29 of the JMMC Rules and conditions
stipulated in the lease deed duly executed and registered
under Rule 22 of the JMMC Rules, 2004.
45. Further, in some of the cases, the petitioner is presently
paying royalty @ Rs. 250/- per cubic meter on boulder, which
is used for making chips as per provision of the schedule rate
notified vide notification dated 16.09.2019, as would be
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evident from Annexure D to the counter affidavit filed in
W.P.(C) No. 2360 of 2022.
46. So far contention of the petitioners that since they are
remediless, as such they have approached this Court by filing
series of writ petitions, submission has been made that it is
incorrect and misleading statement rather as per the
provision of Rule 65(1) of the JMMC Rules, the petitioners
can approach the Deputy Director, Mines, of concerned
district and file appeal before the appellate authority i.e., the
Director of Mines against the assessment/demand raised by
the District Mining Officer.
47. Further, royalty on the basis of use of mineral is not a
new incident and in the case of major minerals (coal) different
rate of royalty has been fixed based upon their use. Different
price for different consumers (Power Plant, other than power
plant) based on use has been notified by the Ministry of Coal,
Government of India of same grade of coal raised from mines
site, and royalty on coal is chargeable @ 14% of the above
notified price of coal.
48. Therefore, prescription of two different rates of royalty
on the same mineral, on the basis of their use, is not an
arbitrary classification.
– 88 – WPC 2360 OF 2022 & Batch matters
49. In the case of Major Mineral, as per the Second
Schedule (Section 9) different rate of royalty has been notified
for the same mineral on the basis of their use.
50. It has further been submitted that as per Rule 29(1)(kh)
the royalty is chargeable as per the rate provided in Schedule
2 of the Rules and hence, while using Boulder for making
chips, whether it is being used outside of the lease or inside
of the lease, royalty will be chargeable @ Rs. 250 per cubic
meter, as per notification dated 16.09.2019.
51. Further, in the case at hand, since there is no denial of
the fact that the petitioners are not using the boulder for
making chips, therefore, it is self-admitted fact that the
lessee/petitioner uses the boulder for making chips.
52. It has further been submitted that in mining challan
generated in the lease, the consignee name and destination is
clearly mentioned and in the lease area and it is known about
the use of boulder for making chips or not, hence, if boulder
is used for making chips royalty is chargeable @ 250/- per
cubic meter. It has further been submitted that up-till now,
the quantity of mineral applied for generating transporting
challan has been provided to the petitioner, and in the light of
notification dated 19.09.2019, at present the lessee-
petitioners are paying royalty @ Rs.250/- per cubic meter on
boulder which is dispatched in crusher for making chips.
– 89 – WPC 2360 OF 2022 & Batch matters
53. Hence, it is clear that while using Boulder for making
chips whether it is being used outside of the lease or inside of
the lease, royalty will be chargeable @ Rs. 250 per cubic
meter w.e.f. 19.09.2019.
54. So far rule making power of the State Government
under Section 15 of the Minor Mineral (Development and
Regulation) Act, 1957 is concerned, the same has been
considered by Hon‟ble Apex Court in the case of D.K. Trivedi
& Sons and Ors versus State of Gujarat and Others.
[1986 (supp) SCC 20], in particular at paragraph 66 of the
aforesaid judgment.
55. The issue of principles of estoppels/waiver has also
been raised by learned State counsel since some of the
petitioners are paying the Royality amount as per the
notification dated 16.09.2019.
56. Referring to part V of the lease deed, copy of which was
produced in course of hearing, submission has been made by
the learned counsel for the State that part V of the lease deed
provides that the royalty shall be paid at the rate mentioned
from time to time in Schedule 2 of the JMMC Rules, 2004
wherein under the heading „Rate of Royalty‟, the rate of
royalty has been prescribed @ Rs. 105 and Rs. 65 per cubic
meter on building stone including stone chips, boulders road
metal, ballast and chilly, stone sets and stone bricks as the
– 90 – WPC 2360 OF 2022 & Batch matters
case may be. Therefore, it is evident that rates have been
prescribed in the agreement also on different variety of
building stone.
57. Learned counsel for the State also referred to Rule 41 of
the JMMC Rules, 2004 which provides for payment of royalty
as provided in the lease deed. Therefore, otherwise also, the
petitioners are bound by the terms and conditions of the
lease deed and are also bound as per Schedule 2 of the Rule,
as amended from time to time.
58. It has been contended that the petitioners were aware of
these classification and different rates, however, they never
challenged this classification, therefore, they have neither any
right to wriggle out of the agreements nor they are entitled to
challenge the validity of rules, which constitute the terms of
the contract/agreement.
59. Reference, in this regard has been made to the
judgment rendered by Hon‟ble Apex Court in the case of
State of Orissa Vs. Narain Prasad & ors [(1996) 5 SCC
740], in particular paragraph 36, wherein it has been
observed that if any licensees having entered into agreements
voluntarily, containing the conditions aforesaid and having
done the business under the licences obtained by them,
cannot be allowed to either wriggle out of the agreements nor
– 91 – WPC 2360 OF 2022 & Batch matters
can they be allowed to challenge the validity of the Rules
which constitute the terms of the contract.
60. In this regard, further reference has been made to the
recent judgment rendered by Hon‟ble Apex Court in the case
of Mineral Area Development Authority Vs. M/s Steel
Authority of India Limited & (supra), in particular paragraph
331, 342(a), 342(b).
61. In view of aforesaid facts, submission has been made
the demand notice served upon the petitioners requires no
interference by this Court as the same has been issued with
the due competence of the State Government.
Analysis
62. This Court having heard learned counsel for the parties,
perused the documents available on record, as also the
relevant Rules/Act, is of the view that following issues are
required to be answered for adjudication of the lis:
Issues framed:
I. Whether levy of royalty at different rate for stone-
boulders used for making chips is beyond the competence
of the State Government?
II. Whether the State Government, by amending Entry 2 of
Schedule 2 of the JMMC Rules vide notification dated 16th
September, 2019 overreaches the restrictions imposed
upon by the Parliament?
- 92 - WPC 2360 OF 2022 & Batch matters III. Whether the State of Jharkhand has authority or
competence to provide for a separate rate of royalty on
boulder, gravel, shingle, which is used for making chips?
IV.Whether, as per Section 9(2) and 15(3) of the MMDR Act,
the incidence of levy of royalty is at the stage of removal of
mineral from the leased area and/or consumption of
mineral in the leased area or as per its use?
V. Whether the royalty is to be paid on the mineral in the
form in which it leaves the leasehold boundaries and not
which it possibly can be converted to at a later point of
time?
VI.Whether prescription of two different rate of royalty on
the same mineral, on the basis of their use, is not
reasonable classification?
VII. Whether if the petitioners were aware of these
classification and different rates before entering into
agreement, at later stage they have right to wriggle out of
the agreements or they are entitled to challenge the validity
of rules, which constitute the terms of the
contract/agreement?
63. Since all the issues are interlinked, the same are being
taken up together.
64. This Court, before delving upon the issues, considers it
fit and proper to refer herein the relevant provisions of law,
which are necessary for deciding the issues involved herein.
– 93 – WPC 2360 OF 2022 & Batch matters
65. The Entry 50 of List II of the Seventh Schedule to the
Constitution of India deals with taxes on mineral rights
subject to “any limitations imposed by Parliament by law
relating to mineral development.” So far as regulation of mines
and mineral development is concerned, it is enumerated both
under the Union List (Entry 54 of List I) and the State List
(Entry 23 of List II) of the Seventh Schedule. The entrustment
of the subject to the State legislatures under Entry 23 of List
II is made subject to the provisions of Entry 54 of List I.
Parliament enacted the Mines and Minerals (Development
and Regulation) Act, 1957 in exercise of its legislative powers
under Article 246 of the Constitution. The MMDR Act is a
comprehensive code for the regulation of mines and
development of minerals.
66. Under Articles 245 and 246(3) of the Constitution of
India, the State has the power to make laws in respect to any
matters enumerated in List-II of the 7th Schedule of the
Constitution. Further, the State can make regulations for
mines and mineral as per Entry 23.
67. By virtue of Section 2 of MMRD Act, 1957, it had been
declared that it is expedient in the public interest that the
Union should take under its control the regulation of mines
and development of mineral to the extent hereinafter
provided. The Section imposes an additional restriction on
– 94 – WPC 2360 OF 2022 & Batch matters
the ambit of Entry- 54 by limiting it to the provisions of
MMRD Act, 1957.
68. For ready reference, the provisions of Section (3) of the
MMRD Act, is quoted as under:-
“(ad) “minerals includes all minerals except mineral oils;
(ae) “mineral concession” means either a reconnaissance
permit prospecting licence, mining lease, composite license or
a combination of any of these and the expression “concession”
shall be construed accordingly;
(b) “mineral oils” includes natural gas and petroleum;
(e) “minor minerals” means building stones, gravel, ordinary
clay, ordinary sand other than sand used for prescribed
purpose and any other mineral which the Central Government
may, by notification in the Official Gazette, declare to be a
minor mineral;
(ea) “notified minerals” means any mineral specified in the
Fourth Schedule.” Section 4 provides the General Restrictions
on undertaking prospecting and mining operations.
69. Section 3(i) of MMRD Act, 1957 the word „Mine‟ has the
same meaning as defined in Mines Act, 1952. However,
“minor minerals” is defined under Section 3 (e) of Mines and
Minerals (Development and Regulation) Act, 1957.
70. Likewise, Section 4A provides for termination of
prospecting license or mining leases also places the State
Government in an important regulatory role with respect to
minerals over which Central Government exercises control.
71. Further, Section 9 of the MMDR Act deals with the
royalties in respect of mining lease and in Section 9 (2)
– 95 – WPC 2360 OF 2022 & Batch matters
thereof there is provision of royalty in respect of mining
leases, which says that the holder of a mining lease granted
on or after the commencement of this Act shall pay royalty in
respect of any mineral removed or consumed by him or his
agent, manager, employee, contractor or sub-lessee from the
leased area at rate for the time being specified in the Second
Schedule in respect of that mineral.
72. For ready reference, Section 9 of the MMDR Act is
quoted as under:
9. Royalties in respect of mining leases.―
(1) The holder of a mining lease granted before the commencement
of this Act shall, notwithstanding anything contained in the
instrument of lease or in any law in force at such commencement,
pay royalty in respect of any [mineral removed or consumed by
him or by his agent, manager, employee, contractor or sub-lessee]
from the leased area after such commencement, at the rate for the
time being specified in the Second Schedule in respect of that
mineral.
(2) The holder of a mining lease granted on or after the
commencement of this Act shall pay royalty in respect of
any [mineral removed or consumed by him or by his agent,
manager, employee, contractor or sub-lessee] from the leased
area at the rate for the time being specified in the Second
Schedule in respect of that mineral.
[(2A) The holder of a mining lease, whether granted before or after
the commencement of the Mines and Minerals (Regulation and
Development) Amendment Act, 1972 (56 of 1972) shall not be liable
to pay any royalty in respect of any coal consumed by a workman
engaged in a colliery provided that such consumption by the
workman does not exceed one-third of a tonne per month.]
(3) The Central Government may, by notification in the Official
Gazette, amend the Second Schedule so as to enhance or reduce
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the rate at which royalty shall be payable in respect of any mineral
with effect from such date as may be specified in the notification:
[Provided that the Central Government shall not enhance the rate of
royalty in respect of any mineral more than once during any period
of 3 [three years].]
73. Section 9(1) of the Act contemplates the levy of royalty
on the mineral consumed by the holder of a mining lease in
the leased area. It further contemplates that the holder of a
mining lease granted on or after the commencement of this
Act shall pay royalty in respect of any [mineral removed or
consumed by him or by his agent, manager, employee,
contractor or sub-lessee] from the leased area at the rate for
the time being specified in the Second Schedule in respect of
that mineral.
74. The Hon‟ble Apex Court in the case of National Mineral
Development Corpn. Ltd. v. State of M.P., (2004) 6 SCC
281 has categorically stated that Section 9 is not the
beginning and end of the levy of royalty. The royalty has to be
quantified for the purpose of levy and that cannot be done
unless the provisions of the Second Schedule are taken into
consideration.
75. For ready reference the relevant paragraph of the
aforesaid judgment is being quoted as under:
“23. Section 9 is not the beginning and end of the levy of
royalty. The royalty has to be quantified for purpose of levy
and that cannot be done unless the provisions of the Second
Schedule are taken into consideration. For the purpose of
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levying any charge, not only has the charge to be authorised by
law, it has also to be computed. The charging provision and the
computation provision may be found at one place or at two
different places depending on the draftsman’s art of drafting
and methodology employed. In the latter case, the charging
provision and the computation provision, though placed in two
parts of the enactment, shall have to be read together as
constituting one integrated provision. The charging provision
and the computation provision do differ qualitatively. In case of
conflict, the computation provision shall give way to the
charging provision. In case of doubt or ambiguity the computing
provision shall be so interpreted as to act in aid of charging
provision. If the two can be read together homogeneously then
both shall be given effect to, more so, when it is clear from the
computation provision that it is meant to supplement the
charging provision and is, on its own, a substantive provision
in the sense that but for the computation provision the charging
provision alone would not work. The computing provision
cannot be treated as mere surplusage or of no significance;
what necessarily flows therefrom shall also have to be given
effect to.
24. Applying the abovestated principle, it is clear that
Section 9 neither prescribes the rate of royalty nor does it
lay down how the royalty shall be computed. The rate of
royalty and its computation methodology are to be found in
the Second Schedule and therefore the reading of Section 9
which authorises charging of royalty cannot be complete
unless what is specified in the Second Schedule is also
read as part and parcel of Section 9. ”
76. Thus, it is evident that Section 9 of the MMDR Act is in
conjunction with the Second Schedule to the MMDR Act. It
was held that there is no conflict between the two and that
Section 9 of the MMDR Act cannot be read in isolation but
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that the Second Schedule to the MMDR Act must be read as
a part and parcel of Section 9 of the MMDR Act.
77. Further in the case of Tata Steel Ltd. v. Union of
India, (2015) 6 SCC 193 while reiterating the aforesaid view
the Hon‟ble Apex Court has observed that the scheme of the
levy of royalty cannot be straitjacketed in view of the variety
of minerals to which the MMDR Act applies and for the
extraction of which royalty has to be paid.
78. For ready reference the relevant paragraph of the
aforesaid judgment is being quoted as under:
“56. It is clear therefore that Section 9 of the MMDR Act
has to be read and understood in conjunction with the
Second Schedule to the MMDR Act. There is a good reason
for it, which is that the scheme of the levy of royalty cannot
be straitjacketed in view of the variety of minerals to which
the MMDR Act applies and for the extraction of which
royalty has to be paid.”
79. It needs to refer herein that the parliament enacted
MMRD Act, 1957 wherein it was declared that it is expedient
in the public interest that the Union should take under its
control the regulation of mines and the development of
minerals.
80. Whereas, Section 13 of the MMRD Act, 1957 gives power
to the Central Government to make Rules in respect of major
minerals for regulating the grant of reconnaissance permits,
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prospecting licenses and mining leases with respect to
minerals.
81. Section 13 further empowers the Central Government to
make Rules for regulating the grant of mineral concession in
respect of minerals and for purposes connected therewith.
Section 14 of the Act excludes quarry leases, mining leases
and other mineral concessions in respect of minor minerals
and for purposes connected therewith from the application of
Section 5 to 13 of the Act.
82. Section 15 of the MMRD Act gives the same power to the
State Government to make rules in respect of minor minerals,
and the State Government by way of notification in the official
gazette, may make Rules for, regulating the grant of quarry
leases and mining leases or other minerals concession in
respect to minor minerals and “for purposes connected
therewith”.
83. The power of Central Government and the State
Government are identical in these two Sections i.e. Section 13
and 15 of the MMRD Act, 1957. Section 13, 14 and 15 which
forms a group, have to be read together. Section 15 (1) is pari
materia to Section 13 (1), each conferring power to make
rules for „regulating‟.
84. In view of the dictionary meaning of the word „regulate‟,
the power to regulate by rules given by Section 13 (1) and 15
– 100 – WPC 2360 OF 2022 & Batch matters
(1) is a power to control, govern, and direct by rules, the
grant of prospecting licences and mining leases in respect of
minerals other than minor minerals and for purposes
connected therewith in the case of Section 13 (1) and the
grant of quarry leases, mining leases and other mineral
concessions in respect of minor minerals and for purposes
connected therewith in the case of Section 15 (1) and to
subject such grant to restrictions and to adapt them to the
circumstances of the case and the surroundings with
reference to which such power is exercised.
85. The power to regulate conferred by Section 13 (1) and 15
(1) is not only with respect to the grant of licences and leases
mentioned in those sub-sections but is also with respect to
“purposes connected therewith”. This phrase gives
government a wider power to frame Rules with regard to all
tasks which are incidental to the minor minerals.
86. A plain reading of Section 15 shows that the State
Government is bestowed with the power to make rules, and
such rules would provide power, to fix, collect rent, fees and
other charges. Further such rules may be made for any other
matter, which is to be or may be prescribed.
87. Section 15 (1) of Mines and Minerals (Development and
Regulation) Act, 1957, provides general power to States to
frame rules for regulating the grant of query leases and
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mining leases and other mineral concession in respect of
minor minerals and for purposes connected therewith.
However, Section 15(1-A), which was inserted in statute book
vide Act No.37 of 1986 w.e.f. 10.02.1987, sets out that the
State Government may make rules, without prejudice to
generality of powers conferred under Section 15(1).
88. Section 15 thereof deals with power to the State
Governments to make rules in respect of minor minerals.
89. The State of Jharkhand, in exercise of powers conferred
under section 15 of the Minor Mineral (Development and
Regulation) Act, 1957 [in short „ MMDR Act, 1957‟] framed a
rule, namely, „Jharkhand Minor Mineral Concessions Rules,
2004‟ [in short JMMC Rules, 2004‟] in respect of matters
pertaining to minor mineral including levy of royalty.
90. For ready reference, the Rule 15 of the MMDR Act, 1957
is quoted as under:
15. Power of State Governments to make rules in respect of
minor minerals.―
(1) The State Government may, by notification in the Official
Gazette, make rules for, regulating the grant of [quarry leases,
mining leases or other mineral concessions] in respect of minor
minerals and for purposes connected therewith.
[(1A) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:―
(a) the person by whom and the manner in which,
applications for quarry leases, mining leases or other mineral
concessions may be made and the fees to be paid therefor;
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(b) the time within which, and the form in which,
acknowledgement of the receipt of any such applications
may be sent;
(c) the matters which may be considered where applications
in respect of the same land are received within the same
day;
(d) the terms on which, and the conditions subject to which
and the authority by which quarry leases, mining leases or
other mineral concessions may be granted or renewed;
(e) the procedure for obtaining quarry leases, mining leases
or other mineral concessions;
(f) the facilities to be afforded by holders of quarry leases,
mining leases or other mineral concessions to persons
deputed by the Government for the purpose of undertaking
research or training in matters relating to mining operations;
(g) the fixing and collection of rent, royalty, fees, dead rent,
fines or other charges and the time within which and the
manner in which these shall be payable;
(h) the manner in which rights of third parties may be
protected (whether by way of payment of compensation or
otherwise) in cases where any such party is prejudicially
affected by reason of any prospecting or mining operations;
(i) the manner in which rehabilitation of flora and other
vegetation such as trees, shrubs and the like destroyed by
reason of any quarrying or mining operations shall be made
in the same area or in any other area selected by the State
Government (whether by way of reimbursement of the cost of
rehabilitation or otherwise) by the person holding the
quarrying or mining lease;
(j) the manner in which and the conditions subject to which,
a quarry lease, mining lease or other mineral concession may
be transferred;
(k) the construction, maintenance and use of roads power
transmission lines, tramways, railways, serial rope ways,
pipelines and the making of passage for water for mining
purposes on any land comprised in a quarry or mining lease
or other mineral concession;
– 103 – WPC 2360 OF 2022 & Batch matters
(l) the form of registers to be maintained under this Act;
(m) the reports and statements to be submitted by holders of
quarry or mining leases or other mineral concessions and the
authority to which such reports and statements shall be
submitted;
(n) the period within which and the manner in which and the
authority to which applications for revision of any order
passed by any authority under these rules may be made, the
fees to be paid therefore, and the powers of the revisional
authority; and
(o) any other matter which is to be, or may be, prescribed.]
(2) Until rules are made under sub-section (1), any rules made by a
state Government regulating the grant of 1 [quarry leases, mining
leases or other mineral concessions] in respect of minor minerals
which are in force immediately before the commencement of these
Act shall continue in force.
(3) The holder of a mining lease or any other mineral
concession granted under any rule made under sub-section
(1) shall pay [royalty or dead rent, whichever is more] in
respect of minor minerals removed or consumed by him or by
his agent, manager, employee, contractor or sub-lessee at
the rate prescribed for the time being in the rules framed by
the State Government in respect of minor minerals:
Provided that the State Government shall not enhance the
rate of [royalty or dead rent] in respect of any minor
mineral for more than once during any period of 4 [three]
years.]
[(4) Without prejudice to sub-sections (1), (2) and sub-section (3),
the State Government may, by notification, make rules for
regulating the provisions of this Act for the following, namely:―
(a) the manner in which the District Mineral Foundation shall work
for the interest and benefit of persons and areas affected by mining
under sub-section (2) of section 9B;
(b) the composition and functions of the District Mineral Foundation
under sub-section (3) of section 9B; and
– 104 – WPC 2360 OF 2022 & Batch matters
(c) the amount of payment to be made to the District Mineral
Foundation by concession holders of minor minerals under section
15A.]
91. It is evident that the Section 15 of the MMDR Act,
confers power upon the State Governments to make rules in
respect of minor minerals, as such the State framed rule,
namely, „Jharkhand Minor Mineral Concessions Rules, 2004‟
in respect of matters pertaining to minor mineral including
levy of royalty.
92. It is further evident that Rule 15(3) of the MMDR Act
contains enabling provisions which enables the State
Government to levy royalty or dead-rent in respect of minor
minerals removed or consumed at the rate prescribed for the
time being in the Rules framed by the State Government in
respect of minor minerals.
93. It is also stipulated under Section 15(3) of the Act 1957
that the holder of a mining lease or any other mineral
concession granted under any rule made under sub-section
(1) of Section 15 shall pay [royalty or dead rent, whichever is
more] in respect of minor minerals removed or consumed by
him or by his agent, manager, employee, contractor or sub-
lessee at the rate prescribed for the time being in the rules
framed by the State Government in respect of minor
minerals.
– 105 – WPC 2360 OF 2022 & Batch matters
94. Further the proviso to sub-Section 3 of Section 15 of the
Act 1957 prescribes the rider upon the state government that
the State Government shall not enhance the rate of royalty or
dead rent in respect of any minor mineral for more than once
during any period of three years.
95. Thus, from the aforesaid discussion it is evident that the
State Government has power to make rules to enhance the
rate of royalty under Section 15(1) read with 15(3) in respect
of a minor mineral.
96. It is evident from the aforesaid discussion that State, by
virtue of the constitutional mandate as well as statutory
provision of Act 1957 which has been discussed herein above,
has ample power to make the rule for determining the rate of
royalty.
97. Further, it needs to refer herein the word “mineral” has
specifically not been defined in the Act but has been
judiciously interpreted. While considering the meaning of the
term “mineral”, in V.P. Pithupitchai v. Special Secretary to
the Govt. of T.N., (2003) 9 SCC 534, in paras 10 and 12 the
Hon’ble Supreme Court held as under: –
“10. According to this Court’s view in State of M.P. v.
Mahalaxmi Fabric Mills Ltd.:
“Mineral in ordinary and common meaning is a
comprehensive term including every description of stone
and rock deposit whether containing metallic or non-
– 106 – WPC 2360 OF 2022 & Batch matters
metallic substance. The word mineral in popular sense
means those inorganic constituents of the earth’s crust
which are commonly obtained by mining or other process
for bringing them to the surface for profit.”
12.Therefore, a mineral as judicially defined would mean
an inorganic substance found either on or in the earth
which may be garnered and exploited for profit.”.
98. On the basis of aforesaid settled proposition of law, it is
apparently clear that the minerals can be classified in two
types; first are those that are directly extracted, obtained
from the earth and others are those minerals that are
produced after the extraction through the process of crushing
or refinery and these types of minerals are used separately by
the company to earn profit in large scale.
99. In the instant case, boulders are first mineral that is
extracted directly by mining and stone chips are the other
minerals that is produced after extraction through the
process of crushing and is used separately by the company to
earn profit.
100. Now coming to the Rule 29 of the JMMC Rules which
has been enacted by the State of Jharkhand by the dint of
Section 15(3) of the Act 1957 as well as constitutional
mandate wherein it has been provided, inter alia, that Royalty
would be payable as per Schedule 2 of the said Rules.
101. For ready reference, the same is quoted as under:
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29. लगान एवं स्वाममस्व । जब खनन पट्टा स्वीकृत अथवा नवीकृत मकया
जाता है –
क अनुसूची-। एवं (क) में उल्लेखखत दर से मनयत लगान मलया
जाएगा।
(ख) अनुसूची-2 में उल्लेखित दर से स्वाममस्व मिया जाएगा।
(ग) लघु खमनज के पट्टे धाररय ं द्वारा मजला खमनज (न्यास) मनयमावली
(DMFT) के प्रावधान ं के तहत दे य रामि का भुगतान करना ह गा।
(घ) पट्टधारी द्वारा उपय ग में लाये गये दखल मकए गये भूतल क्षेत्र का भूतल
लगान उस दर से दे य ह गा ज उस क्षेत्र के भू-राजस्व दर से अमधक न ह ।
(2) इन मनयम ं के लागू ह ने की मतमथ से पूवव में स्वीकृत अथवा नवीकृत
खनन पट्ट ं मजनका अखित्व उक्त मतमथ क है , पर भी उप मनयन (1) का
प्रावधान लागू ह गा।
(3) यमद खनन पट्टाधारी द्वारा एक से अमधक खमनज ं के द हन की अनुममत
एक ही क्षेत्र में दी गयी है त प्रत्येक खमनज के मामले में अलग-अलग
स्वाममस्व अथवा मनयत लगान दे ना ह गा। परन्तु यह मक पट्टाधारी क प्रत्येक
खमनज की खथथमत में ज भी अमधक रामि ह गी, मनयत लगान अथवा स्वाममस्व
का भुगतान करना ह गा।
102. For ready reference, relevant portion of Schedule 2 is
also quoted as under:
Sl. Minerals name Rate of revised No. ownership (Per Cubic Meter) 1. Boulder, Gravel, Shingle 132/-
2. Boulder, Gravel, Shingle, which is 250/-
used for making chips
103. Thus, it is evident that in para-2 of the Schedule 2 of
the JMMC Rules, 2004 read with all the amendments till
date, it is mentioned that royalty for Mineral Boulder, Gravel,
Shingle which is used for making chips will be chargeable at
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the rate of Rs. 250 per cubic meter with effect from
19.09.2019.
104. As per Rule 29(1) (kh), royalty is chargeable as per rate
notified from time to time in Schedule-2 of the Jharkhand
Minor Mineral Concession Rules, 2004.
105. As per Rule 29(1) (kh) of the JMMC Rules, 2004, the
Lessee shall have to pay fixed rent and royalty on quarterly
basis and the account of this rent and royalty shall be
adjusted on actual basis in such a way that the higher of
fixed rent or royalty shall be recovered in any year.
106. Now adverting to the facts of the case, it is evident that
the State of Jharkhand vide notification dated 16th
September, 2019 amended the Schedule 2 of the said rules,
which is impugned in these batch of writ petitions.
107. It is contended by the petitioners that on the basis of
amendment in Schedule 2 of the JMMC Rules, 2004, demand
notice has been raised whereby the petitioners have been
directed to make payment of the amount of differential
Royalty, D.M.F.T., Environmental Cases and Income Tax on
the sole ground that Stone Boulder excavated from the mines
of the petitioner has been transported to a Stone Crusher for
production of stone chips, as being wholly illegal, arbitrary
and beyond the scope of the Jharkhand Minor Mineral
Concession Rules, 2004.
– 109 – WPC 2360 OF 2022 & Batch matters
108. In the backdrop of aforesaid facts and the relevant
provision of law, the first and foremost question which is to
be decided is as to:
“I.Whether the State Government is competent enough to
levy royalty at different rate of stone-boulders used for
making chips? and;
II.Whether the State Government, by amending Entry 2 of
Schedule 2 of the JMMC Rules vide notification dated 16th
September, 2019 overreaches the restrictions imposed
upon by the Parliament?”
109. We have discussed in preceding paragraphs that under
Section 15 of the MMDR Act, the State Government is
empowered to make rules by notification in the official gazette
for regulating the grant of quarry leases, mining, or other
mineral concession, fixing and collection of rent, royalty, fees,
dead rent, fines or other charges and the time within which
the manner in which these shall be payable in respect of
minor mineral and for purposes connected therewith.
110. Further, the State having exclusive power under Article
246 schedule 7 entry list 23 as well as under section 15
MMDR Act, to formulate the Rules and accordingly State have
formulated JMMC Rules to regulate the uses and taxes of
Minerals, as such there is no iota of doubt about the
competency of the State in making such Rules.
– 110 – WPC 2360 OF 2022 & Batch matters
111. It needs to refer herein that in the case of State of
Haryana and Anr. vs. Chanan Mal [(1977) 1 SCC 340) the
constitutional validity of the State enactment framed under
the provisions of the MMRD Act, 1957 was under challenge
before the Hon‟ble Supreme Court. The Constitution Bench of
the Hon‟ble Apex Court held that subject to the overall
supervision of the Central Government, the State Government
has a sphere of its own power and can take legally specified
action under the Central Act and rules made thereunder.
Thus, the whole field of control and regulation under the
provisions of the Central Act of 1957 cannot be said to be
reserved for the Central Government.
112. Further the vires of Section 15(1) of the MMRD Act was
challenged in D.K. Trivedi and others vs. State of Gujarat
and others (supra) on the ground that it provided excessive
delegation of legislative power to the executive. The Hon‟ble
Apex Court has held as under:
“76. To summarize our conclusions : (1) Sub-section (1) of
section 15 of the Mines and Minerals (Regulation and
Development) Act, 1957, is constitutional and valid and the
rule-making power conferred thereunder upon the State
Governments does not amount to excessive delegation of
legislative power to the executive. (2) There are sufficient
guidelines provided in the 1957 Act for the exercise of the rule-
making power of the State Governments under section 15(1) of
the 1957 Act. These guidelines are to be found in the object for
which such power is conferred, namely, “for regulating the
grant of quarry leases, mining leases or other mineral
– 111 – WPC 2360 OF 2022 & Batch matters
concessions in respect of minor minerals and for purposes
connected therewith; the meaning of the word ‘regulating’; the
scope of the phrase “for purposes connected therewith”; the
illustrative matters set out in sub-section (2) of section and the
restrictions and other matters contained in sections 4 to 12 of
the 1957 Act. The power to make rules conferred by section
15(1) includes the power to make rules charging dead rent and
royalty. The power to make rules under section 15(1) includes
the power to amend the rules so made, including the power to
amend the rules so as to enhance the rates of royalty and dead
rent. A State Government is entitled to amend the rules under
section 15(1) enhancing the rates of royalty and dead rent even
as regards leases subsisting at the date of such amendment.
Sub-section (3) of section 15 does not confer upon the State
Governments the power to make rules charging royalty or to
enhance the rate of royalty so charged from time to time. The
sole repository of the power of the State Governments to make
rules and amendments thereto, including amendments
enhancing the rates of royalty and dead rent, is sub-section (1)
of section 15. A State Government is not required to give an
opportunity of a hearing or of making a representation to the
lessees who would be affected by any amendments of the rules
before making such amendments.
113. Thus, in the aforesaid judgment it is evident that the
sole repository of the power of the State Governments to
make rules and amendments thereto, including amendments
enhancing the rates of royalty and dead rent, is sub-section
(1) of section 15. The State Government is not required to
give an opportunity of hearing or of making a representation
to the lessees who would be affected by any amendments of
the rules before making such amendments.
– 112 – WPC 2360 OF 2022 & Batch matters
114. As discussed above, it is clearly given in the Rule under
Rule 29 (1) (kh) that royalty is chargeable as per rate notified
from time to time in Schedule-2 of the Jharkhand Minor
Mineral Concession Rules.
115. In the instant case, since, the State Government has
power to make rules to enhance the rate of royalty under
Section 15(1) read with 15(3) in respect of a minor mineral,
the State Government can amend/revise the royalty rate in
three years.
116. It appears that the last amendment in royalty rate was
made in the year 2015 (29.04.2015). Thereafter, after a gap of
four years, the schedule rate has been revised vide
Notification No.-1509/M, dated 16.09.2019, published in the
State Gazette on 19.09.2019, thus the aforesaid notification
is within the ambit of the rule as stipulated in the Rules
which has been framed by the State as per the power
conferred by section 15(3) of the Act 1957 and also as per the
mandate of Article 246 Entry 23.
117. As per Rule 29(1) (kh), royalty is chargeable as per rate
notified from time to time in Schedule-2 of the Jharkhand
Minor Mineral Concession Rules, 2004. In para-2 of the
Schedule 2 of the JMMC Rules, 2004 read with all the
amendments till date, it is mentioned that royalty for Mineral
Boulder, Gravel, Shingle which is used for making chips will
– 113 – WPC 2360 OF 2022 & Batch matters
be chargeable at the rate of Rs. 250 per cubic meter with
effect from 19.09.2019.
118. The issues raised by the petitioners regarding
differential royalty can be understand only after
understanding the actual meaning of minerals. As discussed
above the word “mineral” is not defined in the Act; but has
been judiciously interpreted by the Hon‟ble Apex Court in the
case of V.P. Pithupitchai v. Special Secretary to the Govt.
of T.N., (supra) wherein it has been observed that the word
mineral in popular sense means those inorganic constituents
of the earth’s crust which are commonly obtained by mining
or other process for bringing them to the surface for profit.
Therefore, a mineral as judicially defined would mean an
inorganic substance found either on or in the earth which
may be garnered and exploited for profit.
119. In the instant case, the petitioners by way of
beneficiation converted the boulder into chips which has
more commercial value than the boulder. Further, the State
government by virtue of amendment in schedule 2 of JMMC
Rule has only categorized two group i.e. royalty for Mineral
Boulder, Gravel, Shingle which is used for making chips will
be chargeable at the rate of Rs. 250 per cubic meter with
effect from 19.09.2019 whereas the royalty for Mineral
Boulder which is at the rate of Rs. 132 per cubic meter.
– 114 – WPC 2360 OF 2022 & Batch matters
120. On the basis of aforesaid discussion, it is apparently
clear that the minerals can be classified in two types first are
those that are directly extracted, obtained from the earth and
other are those minerals that are produced after the
extraction through the process of crushing or refinery and
these types of minerals are used separately by the company
to earn profit in large scale.
121. In the instant case, boulders are first mineral that is
extracted directly by mining; and the stone chips are the
other minerals that are produced after extraction through
the process of crushing and it is used separately by the
company to earn profit and that‟s why State charges
separate royalty on boulder and separate on stone chips.
Therefore it is neither arbitrary nor unreasonable, reason
being that as per amendment in schedule 2 of JMMC rule the
State has charged the differential rate of royalty, which is well
under the purview of the statutory provisions, as discussed
above.
122. The collection of higher rates of royalty i.e. Rs 250/- per
cubic meter on removal and transportation of stone boulders
through the mechanism of JIMMS Portal especially because
the petitioners are removing only stone boulders from their
mines and not stone chips and the incidence of levy of royalty
is at the stage of removal of mineral from the mines is fair
– 115 – WPC 2360 OF 2022 & Batch matters
and reasonable as per Section 9(1) and (2) of the Mines and
Mineral Development and Regulation Act, 1957.
123. The moot question arises here that the Stone Boulder
excavated from the mines of the petitioner which has been
beneficiated by the petitioners in to stone chips either inside
the lease area or outside lease area upon which different rate
of royalty is charged by the State is just, fair and reasonable
and come within a „Reasonable Classification‟ and thus is in
consonance with Article 14 of the Constitution of India and
the Mineral Concession Rules, 2004.
124. It needs to refer herein that while class legislation is
prohibited under Article 14, but the legislature is nonetheless
permitted to classify people, objects, and transactions fairly
to achieve goals. However, categorization cannot be
“arbitrary, artificial, or evasive.” It must always be based on a
distinction that is both just and reasonable in respect of the
goal that the legislation is trying to accomplish.
125. As per settled position of law that there are two
conditions which need to be fulfilled for a reasonable
classification: –
A) It should be on the basis of intelligible differentia.
B) Rational relation of the differentia with the object.
126. The reasonable classification is permitted by law on
valid grounds as it discriminates one group from another on
– 116 – WPC 2360 OF 2022 & Batch matters
the basis of circumstances or characteristics. Therefore,
distinction on the basis of reasonable classification is rational
and logical, whereas distinction on the basis of reasonable
classification or class legislation is improper and violates
Article 14 of the Constitution of India. Article 14 forbids
hostile discrimination but not reasonable classification.
Article 14 certainly applies where equals are treated
differently without any reasonable basis.
127. The Hon’ble Apex Court in the case of Kathi Raning
Rawat v. State of Saurashtra, (1952) 1 SCC 215 has
observed that a distinction should be drawn between
„discrimination without reason‟ and „discrimination with
reason‟. The whole doctrine of classification is based on this
distinction and on the well-known fact that the
circumstances which govern one set of persons or objects
may not necessarily be the same as those governing another
set of persons or objects, so that the question of unequal
treatment does not really arise as between persons governed
by different conditions and different sets of circumstances.
128. Further, the Hon’ble Apex Court in Western U.P.
Electric Power & Supply Co. Ltd. v. State of U.P., (1969)
1 SCC 817 while observing that Article 14 does not operate
against rational classification, has held as under:
– 117 – WPC 2360 OF 2022 & Batch matters
“Article 14 of the Constitution ensures equality among
equals : its aim is to protect persons similarly placed
against discriminatory treatment. It does not however
operate against rational classification. A person setting up
a grievance of denial of equal treatment by law must
establish that between persons similarly circumstanced,
some were treated to their prejudice and the differential
treatment had no reasonable relation to the object sought
to be achieved by the law.”
129. Further, the Hon’ble Apex Court in the case of Air India
v. Nergesh Meerza, (1981) 4 SCC 335 has observed that
Article 14 forbids hostile discrimination but not reasonable
classification and Article 14 certainly applies where equals
are treated differently without any reasonable basis.
130. Further, as discussed above the State having exclusive
power under Article 246 Schedule 7 Entry list 23 as well as
under section 15(3) MMDR Act, to formulate the Rules and
accordingly, State has formulated JMMC Rules to regulate
the uses and taxes of Minerals wherein under Rule 29 (1) (kh)
royalty is chargeable as per rate notified from time to time in
Schedule-2 of the Jharkhand Minor Mineral Concession
Rules.
131. Thus, the State is entitled to charge differential royalty
on the stone boulder used for making chips whether it is
being used outside or inside of the leased area at the rate
prescribed under paragraph -2 of the Second Schedule of the
Jharkhand Minor Mineral Concession Rules, 2004.
– 118 – WPC 2360 OF 2022 & Batch matters
132. Therefore, under Rule 29(1)(kh) royalty is chargeable as
per rate notified from time to time in Schedule-2 Of the
Jharkhand Minor Mineral Concession Rules, 2004 and
neither do the rules appear to violate the equality clause as
provided under Article 14 of the Constitution of India.
133. Thus, the prescription of rate as per schedule 2 by the
State is a reasonable classification and is just, fair and
reasonable and is a Reasonable Classification within the
class and thus in consonance with the ideals and principles
of Article 14 of the Constitution and the Jharkhand Mineral
Concession Rules, 2004.
134. At this juncture this Court would like to refer Rule 41
of the JMMC Rules, 2004 which provides for payment of
royalty as provided in the lease deed, therefore, otherwise
also, the petitioners are bound by the terms and conditions of
the lease deed and are also bound as per Schedule 2 of the
Rule, as amended from time to time.
135. It requires to refer herein the settled position of law that
once the parties have accepted the terms and conditions of
lease or any agreement, it binds the parties and there cannot
be any breach of terms and conditions.
136. Reference in this regard be made to the judgment
rendered by Hon’ble Apex Court in the case of Tamil Nadu
Electricity Board and Another v. N. Raju Reddiar and
– 119 – WPC 2360 OF 2022 & Batch matters
Another, (1996) 4 SCC 551 wherein at paragraph 7 it has
been held as under :-
“7. At the outset it must be borne in mind that the
agreement between the parties was a written agreement
and therefore the parties are bound by the terms and
conditions of the agreement. Once a contract is reduced to
writing, by operation of Section 91 of the Evidence Act,
1872 it is not open to any of the parties to seek to prove
the terms of the contract with reference to some oral or
other documentary evidence to find out the intention of the
parties. … … … … …”
137. Further, the law is well settled that once the terms and
conditions of the agreement have been accepted by the
parties, it is not available to them to assail the same,
reference in this regard be made to the judgment rendered by
Hon’ble Apex Court in the case of Panna Lal and Others v.
State of Rajasthan and Others reported in (1975) 2 SCC
633 wherein at paragraph 21 it has been held that the
licensee having voluntarily accepted the contract and after
having fully exploited to its advantage the contract to the
exclusion of other, cannot resile from the contract and cannot
challenge the terms either on the ground of inconvenient.
138. For ready reference, paragraph 21 of the aforesaid
judgment is quoted hereunder as
“21. The licenses in the present case are contracts
between the parties. The licensees voluntarily accepted the
contracts. “They fully exploited to their advantage the
contracts to the exclusion of others. The High Court rightly
said that it was not open to the appellants to resile from
– 120 – WPC 2360 OF 2022 & Batch matters
the contracts on the ground that the terms of payment
were onerous. The reasons given by the High Court were
that the licensees accepted the license by excluding their
competitors and it would not be open to the licensees to
challenge the terms either on the ground of inconvenient
consequence of terms or of harshness of terms.”
139. Thus, in the instant case by virtue of Rules, 2004 the
parties are bound by the terms and conditions of the lease
deed as such both the parties have bounden duty to follow
the terms and conditions of the of the lease deed.
140. The core issue which has been agitated on behalf of
learned counsel for the petitioners is that the notification,
which has been issued in the year 2019 i.e., notification
dated 16th September, 2019 is without jurisdiction reason
being that the State is having no authority to come out with
such notification in absence of any power delegated by the
Central Government or under the authority of the Central
Government.
141. The said argument is not acceptable to this Court for
the reason that Section 15 has been inserted under the
MMDR Act, 1957 wherein provision has been made as under
Section 15(3) whereby the State Government has been
conferred power to make out rules.
142. It is not in dispute and it cannot be disputed that the
Jharkhand Mine and Minerals concession Rule (JMMC Rule)
has been enacted by the State of the Jharkhand under the
– 121 – WPC 2360 OF 2022 & Batch matters
authority of Section 15(3) of the MMDR Act, 1957. Under
JMMC Rules, 2004, a provision has been made under Rule
29 conferring power upon the State to issue notification
regarding the rates of royalty of one or other minor mineral(s).
143. The moment the State has come out with a Rule under
the authority as conferred under Section 15(3) of the MMDR
Act, based upon which the statutory provision has been
enacted by virtue of Rule 29 under which the notification
dated 16th September, 2019 has been issued, therefore, it is
incorrect on the part of the writ petitioners to say that the
State Government is having no authority to revise the rates of
minor minerals.
144. If the contention of the petitioner will be accepted then
for what purpose the power has been conferred upon the
State and further the question would be that what is the
meaning of keeping the major minerals under list I under
Entry 54 and minor mineral under List II under Entry 23.
145. The aforesaid bifurcation of power is the basic structure
of the Constitution of India and there cannot be overlapping
otherwise, the result would be that in each and every
circumstance, the State Government will have to depend
upon the Central Government.
146. Therefore, the Constitution makers have bifurcated the
allocation of power in three lists i.e., List I, List II and List III.
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The subject matter of List I is the exclusive domain of Central
Government; the subject matter of List II have exclusive
domain of State Government whereas on the subject matter
mentioned in List III i.e, the Concurrent List, will have power
to make rule both by the Central Government and the State
Government, depending upon the situation.
147. It needs to refer herein that the validity of Rule 29 of
2004 has not been questioned herein. Therefore, once the
validity of Rule 29, by which it is provided that royalty will be
as per the mandate schedule-2, is accepted then how can it
be argued that impugned notification is not as per Rule.
148. Accordingly, all the issues framed by this Court are
answered.
149. The factual aspect can also be considered on the
different angles, which is the global concern. The reason for
creating DMFT is only for the purpose of creating a fund so
as to compensate the loss occurred to the environment due to
the mining operation. The mines and minerals are natural
resources and the State is the custodian in addition to that it
is the accountability and duty of each and every citizen
across the world to maintain the environment so as to
maintain the sustainable development.
150. The issue since is global and as such if an area will be
allowed to be affected the balance across the globe will be
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affected, which we have seen due to imbalance in the
environment.
151. The same is the basic underlying object of creation for
the purpose of DMFT fund. The concept is that if the natural
resources are being utilized then the mines operators are
obliged to pay something to the society and for the purpose
the concept of royalty has come as also has been taken note
of by the Constitution Bench of Hon‟ble Apex Court in the
case of Mineral Area Development Authority & Anr.Vs.
M/S Steel Authority of India & Anr. (Supra).
152. Further, Section 9B of Act 1957 provides for
establishment of the District Mineral Foundation [“DMF”] in
any district to work for the interest and benefit of persons
and areas affected by mining related operations. The purpose
of Section 9-B and the object of the DMF is to further the
cause of social justice for those affected by mining related
operations, such as tribals who may be dislocated or
displaced from their habitat. Section 9B(5) provides that the
holder of a mining lease shall pay, in addition to the royalty
paid under Section 9, an amount which is equivalent to such
percentage of the royalty as may be prescribed by the Central
Government.
153. It needs to refer herein that in exercise of the powers
conferred by Section 15(4) and Section 15 A of the Mines and
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Minerals (Development and Regulation) Act, 1957 (as
amended in 2015), the Government of Jharkhand has made
the Jharkhand District Mineral Foundation (Trust) Rules,
2016 and as per Rule 2016, “District Mineral Foundation”
means a statutory trust established as a non-profit body by
the Government in all districts affected by mining or mining
related operations, in accordance with Section 9B of the Act
1957.
154. At this juncture this Court would like to discuss the
social responsibilities of the companies which has been
categorized as “Corporate Social Responsibility”. It is a
concept where businesses are mandated to integrate social
and environmental concerns in their business activities. It
has mainly been considered as a moral and normative
responsibility that corporates can voluntarily pursue. But, in
the event of conflict or serious harm to the environment,
animals or people, where corporate irresponsibility is
occurring, it is manifestly illogical to leave to the corporation
the task of self-regulating.
155. This shows that Corporate Social Responsibility as a
concept lacks legal accountability for non-performance of
social obligations by companies. Therefore, there should be a
shift in focus towards legally mandated accountability.
156. Thus, we must move from “Corporate Social
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Responsibility” to “Corporate Legal Responsibility”. In this
regard, we need to reiterate our commitment to climate action
and the concrete mandatory steps to be taken even in the
case of corporations.
157. CSR is envisaged as a commitment to meet its social
obligations by playing an active role to improve the quality of
life to the communities and stakeholders on a sustainable
basis, preferably, in the project area where it is operating.
Reference in this regard may be taken from G. Sundarrajan
v. Union of India, (2013) 6 SCC 620 wherein at paragraph
119 the Hon‟ble Apex Court has observed as under:
“119. Sustainable development and corporate social
responsibility (CSR) are inseparable twins, integrated into
the principles of inter- and intra-generational equity, not
merely human-centric, but ecocentric. CSR is much more
when the project proponent sets up NPPs, thermal power
plants, since every step taken for generation of energy
from such hazardous substances, is bound to have some
impact on human beings and environment, even though it
is marginal. The Department of Public Enterprises (DPE),
recently, issued the Comprehensive Guidelines on CSR for
Central Public Sector Enterprises, which includes Npcil, to
create, through the Board resolution, a CSR budget as a
specific percentage of net profit of the previous year. CSR
is envisaged as a commitment to meet its social obligations
by playing an active role to improve the quality of life to the
communities and stakeholders on a sustainable basis,
preferably, in the project area where it is operating. CSR
strategy has to be put in practice in line with the
millennium development goals as lodged by the United
Nations and adopted by the Government of India in the
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11th Five-Year Plan i.e. 2007-2012, which could cover the
areas of education, health, drinking water/sanitation,
environment, solar lighting system, infrastructure for
backward areas, community development and social
empowerment, promotion of sports and traditional forms of
arts and culture, generation of employment opportunities
and livelihood to be a part of the national/local initiatives
to provide reliefs/rehabilitation in terms of natural
disaster, calamities, etc.
158. Further, the role of private companies in environmental
protection was more extensively discussed at the UN
Conference on Environment and Development in Rio de
Janeiro in 1992. An action plan was accepted in the form of
Agenda 21. The website of the United Nations defines Agenda
21 as a daring program of action calling for new strategies to
invest in the future to achieve overall sustainable
development in the 21st century.
159. Agenda 21 suggested that the “industry should
incorporate cleaner production policies in its operations and
investments, taking also into account its influence on
suppliers and consumers”. It was further suggested that
“industry and business associations should encourage
individual companies to undertake programmes for improved
environmental awareness and responsibility at all levels to
make these enterprises dedicated to the task of improving”.
160. India has always adopted measures in line with its
commitment to tackling climate changes. There are catena of
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judgments that have shaped the legal landscape surrounding
corporate responsibility on climate change in India. The
Hon‟ble Supreme Court of India has highlighted the duty of
corporations to protect the environment and contribute to the
remediation of environmental damage caused by their
activities. Various judgments have led to the strengthening of
environmental regulations, expanded corporate liability for
environmental damage, and increased transparency and
public participation in environmental decision-making
processes.
161. In case of environmental damage caused by
corporations, the Hon‟ble Supreme Court of India has
adopted the principles of “polluter pays”, “precautionary
principle”, and “sustainable development”. The principle of
“Polluters Pays” demands that the financial costs of
preventing or remedying damage caused by pollution lies with
the undertakings which caused such pollution in the first
place. The “Precautionary Principle” mandates action to avert
risks that could cause serious and irreversible damage to the
environment and human health.
162. Furthermore, the Companies Act, 2013 introduced a
significant provision, Section 135, as part of its Corporate
Social responsibility. This includes initiatives related to
environmental sustainability and climate change mitigation.
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Corporations are now required to allocate a portion of their
profits towards activities that benefits society and the
environment, driving investments in projects aimed at
addressing climate change.
163. Thus, Legal and moral responsibilities should be taken
together as a bundle of obligations for businesses to
effectively discharge their functions with accountability
inevitably linked to moral responsibility.
164. This Court in the purport of the aforesaid underlying
object and adverting to the factual aspect involved in the
present matter, it is admitted that the boulders, which has
been taken out by the mines operators admittedly is lesser in
cost to that of chips. The petitioners‟ case is that they extract
boulder for which the rate of royalty is less i.e., Rs. 132 per
cubic meter but outside the lease-hold area the same is being
converted into chips and hence, the royalty which has been
earmarked for Chips i.e., @ Rs. 250 per cubic meter is not
liable to be paid by one or the other petitioners.
165. But this Court is of the view that whether it is inside the
leasehold area or outside the leasehold area, when the very
concept is pay to the society due to extraction of the mining
operation to compensate the nature then it is the obligation
on the part of the petitioners to pay the royalty on the basis
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of ultimate use of mines product, here it is from boulder to
chips.
166. In the light of aforesaid discussions and observations
made hereinabove, the writ petitions sans merit and
accordingly are dismissed.
167. Pending Interlocutory Applications, if any, stand dispose
of.
I Agree (Sujit Narayan Prasad, A.C.J.)
(Arun Kumar Rai, J.)
(Arun Kumar Rai, J.)
Alankar/-Samarth/-
A.F.R - 130 - WPC 2360 OF 2022 & Batch matters