In a writ petition seeking a mining lease, the High Court of Jharkhand disposed of the matter after receiving an undertaking from the respondent to consider the case on merits within four weeks following a prior remand.
Directed Respondent No. 4 (Deputy Commissioner, Palamau) to consider the case on merits upon remand within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 3774 of 2023
…… Petitioners
Versus
… Respondents
--------- CORAM: SRI SANJAYA KUMAR MISHRA, C.J. SRI ANANDA SEN, J.
--------For the Petitioners: Mr. Indrajit Sinha, Advocate For the Respondents: Mr. Piyush Chitresh, A.C. to A.G.
03/Dated: 14.09.2023
By filing this writ petition, the petitioners have prayed for the
following reliefs:
“For the issuance of an appropriate writ(s), order(s), direction(s), particularly a writ of or in the nature of mandamus commanding upon the Respondents especially the Respondent No. 4 to consider the application and consequently grant a mining lease in favour of the Petitioners for the mineral stone, over an area at Mauza Rewaratu, Plot No. 1217(part), Khata No. 72, thana No. 274, P.S. Lesliganj having an area of 23.49 Acres (9.49 Hectares) in the District of Palamau.”
-2-
On 17.08.2023 we had directed the learned A.C. to Advocate General to take instructions why the Deputy Commissioner, Palamau is not taking up the matter upon remand. Today, Mr. Chitresh, learned counsel appearing for the respondents-State, would submit that he has received an instruction to the effect that the Deputy Commissioner, Palamau, will take the matter on merits and dispose of the same within four weeks.
In that view of the matter, this writ petition is disposed of directing the Deputy Commissioner, Palamau (respondent No.4) to consider the case upon remand by the revisional court as per the directions given therein, within a period of four weeks hence. Since an undertaking has been given in this case, non-compliance of the order would invite civil contempt.
Pending Interlocutory Applications, if any, stand disposed of.
Urgent Certified copies as per Rules.
(Sanjaya Kumar Mishra, C.J.)
(Ananda Sen, J.)
Manoj/R.S.
1 provisions across 1 enactments
Shri Arun Kumar Tiwari and Ors.
The State of Jharkhand and Ors.
Sanjaya Kumar Mishra
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
