Dismissed

Binod Modi v. the State of Jharkhand through Secretary Department of Mines and Geology

Jharkhand HC15 Mar 2023WPC/843/2020

Case brief

AI extract

What is this about?

This single-paragraph order dismisses a writ petition challenging the limited grant of a mica mining lease. The court held the petition not maintainable on merit due to the availability of an efficacious internal remedy, directing the petitioner to prefer a revision.

What did the court decide?

The writ petition is disposed of on the ground of maintainability. The petitioner is directed to prefer a revision within one month.

Binod Modi Vs the State of Jharkhand through… — Writ and Judicial Review | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 843 of 2020

Binod Modi

… … Petitioner

Versus

The State of Jharkhand, through the Secretary, Department of Mines & Geology, Ranchi

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The Mines Commissioner, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi

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The Director Mines, Directorate of Mines, Department of Industries, Mines and Geology, Government of Jharkhand, Ranchi

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The Deputy Commissioner, Giridih

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The District Mining Officer, Giridih

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The District Forest Officer, Giridih

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… … Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner : Mr. Vijay Kumar Roy, Advocate For the Respondents : Mr. Shray Mishra, AC to AG -----

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Order No. 07 Dated: 15.03.2023

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The present writ petition has been filed challenging the part of the order dated 20.09.2018 (Annexure-16 to the writ petition) passed by the respondent no. 4 – the Deputy Commissioner, Giridih, whereby the lease for mining of mica has been granted only to the extent of 89 decimals appertaining to Plot Nos. 67, 68 and 66 concerning Khata Nos. 08, 10 and 11 respectively despite the fact that the petitioner had applied for grant of mining lease over the land measuring an area of 10.05 acres appertaining to Plot Nos. 63/P, 66/P, 67/P, 68/P, 69/P, 69/1 and 69/P of Khata No. 17, Village-Bhurai, P.S.-Garwan, District-Giridih. Further prayer has been made for issuance of direction upon the concerned respondents to grant lease for mining of mica for at least 5 acres of the aforesaid land.

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2. Mr. Shray Mishra, AC to AG appearing on behalf of the respondents, raises a preliminary objection with regard to maintainability of the writ petition on the ground that the petitioner has an efficacious remedy of preferring a revision under rule 62 of the Jharkhand Minor Mineral Concession Rules, 2004 before the respondent no. 2 – the Mines Commissioner, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi against the order dated 20.09.2018 passed by the respondent no. 4.

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3. Having heard learned counsel for the parties and keeping in view that the petitioner has efficacious remedy of preferring revision under rule 62 of the Rules, 2004 before the respondent no. 2 against the order dated 20.09.2018 passed by the respondent no. 4, I am not inclined to entertain the writ petition on merit at this stage.

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4. If the petitioner prefers the revision before the respondent no. 2 against the order dated 20.09.2018 passed by the respondent no. 4 within one month from today along with an application for condonation of delay, the respondent no. 2 shall consider the said application liberally and shall proceed to hear the revision on merit and dispose of the same in accordance with law.

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5. The writ petition is accordingly disposed of with aforesaid observation.

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(Rajesh Shankar, J.)

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Manish

Binod Modi v. the State of Jharkhand through Secretary Department of Mines and Geology

Case brief

What is this about?

What did the court decide?

Binod Modi v. the State of Jharkhand through Secretary Department of Mines and Geology

Case brief

What is this about?

What did the court decide?

What the court decided

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