M/S Premium Infra Logistics Private Limited through Its Authorized Signatory Aswini Majhi Vs the State of Jharkhand

¶1

 2025:JHHC:23677-DB

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1472 of 2023

¶3

------

¶4

M/s Premium Infra Logistics Private Limited having its office at Adventz Infinity @ 5, Suite No.912, 9^th floor, Block BN-5, Sector-V, Salt Lake, Kolkata, P.O. Sector-V and P.S. Electronic Complex District Kolkata (West Bengal), through its Authorized SignatoryAswini Majhi, aged about 33 years, son of Chakradhar Majhi, resident of H.No.B/8, Nirmal Nagar, Hume Pipe, P.O. Sakchi, P.S. Sakchi, Town Jamshedpur, District East Singhbhum

¶5

…. …. Petitioner

¶6

Versus

¶7

The State of Jharkhand

¶8

The Principal Secretary, Department of Mines and Geology, at Nepal House, Doranda, P.O. Doranda, P.S. Dorranda, District Ranchi.

¶9

The Director of Mines, at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi.

¶10

The Deputy Commissioner-cum-District Magistrate, Seraikela Kharsawan, P.O. Seraikela, P.S. Seraikela, District Seraikela Kharsawan.

¶11

The District Mining Officer, Seraikela Kharsawan, P.O. Seraikela, P.S. Seraikela, District Seraikela Kharsawan.

¶12

..... .... Respondents

¶13

CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI

¶14

------ For the Petitioner : Mr. Ankit Vishal, Advocate For the State : Mr. Shray Mishra, AC to AG ------ 09/Dated: 14.08.2025

¶15

1. The instant writ petition has been filed under Article 226 of the

¶16

Constitution of India seeking therein for the following reliefs: -

¶17

(i) For issuance of an appropriate writ (s)/ order (s)/direction (s) particularly writ of mandamus commanding upon the respondents to forthwith hand over the actual physical possession of the lease hold land admeasuring an area 12.20 acres situated at Khata No. 75, Plot No. 253 (P), Village Puha, Thana Rajnagar, District Seraikela

¶18

¶19

 2025:JHHC:23677-DB

¶20

Kharsawan, without any hindrances to the petitioner. (ii) For issuance of an appropriate writ(s) / order(s) /direction(s) particularly writ of certiorari for quashing the letter no. 136 dated 08.02.2022 (Annexure-13) issued by the District Mining Officer, Seraikela Kharsawan whereby and where under the petitioner has been directed to make the payment of Rs. 12,88,294/- as dead rent payable till 31.12.2021, in relation to the mining lease granted to the petitioner, otherwise certificate case would be instituted for recovery of the said amount; (iii) For further issuance of an appropriate writ(s) /order(s) / direction(s) particularly writ of mandamus commanding upon the respondents to forthwith refund an amount of Rs. 8,41,274/- paid by the petitioner as dead rent for the land in question till 31.03.2020, along with the interest at the rate of 12 Per cent per annum; (iv) For issuance of such other writ, order or direction as Your Lordship may deem fit and proper for doing conscionable justice to the petitioner.

¶21

2. Learned counsel for the petitioner has submitted that as per the contract, the physical possession of the lease hold land admeasuring an area of 12.20 acres situated at Khata No.75, Plot No.253(P), Village Puha, Thana Rajnagar, District Seraikela Kharsawan, has not been handed over, even though, the contract was entered on 22.04.2016.

¶22

3. It is the grievance of the writ petitioner that on the one hand, the physical possession of the lease hold area, has not been handed over, while, on the other hand, the demand notice has been issued holding the writ petitioner liable to make payment of dead rent.

¶23

4. The further prayer has been made that for no fault of the petitioner, even though, he has not been allowed to carry out the

¶24

¶25

 2025:JHHC:23677-DB

¶26

mining operation due to non-handing over the physical possession of the lease hold area, the amount which has been paid by the petitioner, as dead rent till 31.03.2020, is also required to be refunded back.

¶27

5. Counter affidavit has been filed on behalf of the State.

¶28

6. This Court, considering the nature of prayer, is of the view that the decision at the first instance, is to be taken by the Secretary of the concerned Department.

¶29

7. Learned counsel appearing for the petitioner, in course of argument, has submitted that the representation has been filed before the District Mining Officer, Seraikela, Kharsawan as also before the Director, Mines but no decision has been taken.

¶30

8. This Court, considering the aforesaid fact, is of the view that the instant writ petition is to be disposed of with a liberty to the writ petitioner to ventilate his grievance by filing the representation giving therein the details along with supported documents before the respondent no.2-Principal Secretary, Department of Mines and Geology, Govt. of Jharkhand, within a week.

¶31

9. If such representation will be filed before the Principal Secretary, Department of Mines and Geology, Govt. of Jharkhand, then, the decision in accordance with law shall be taken within the further period of four weeks from the date of receipt of such representation.

¶32

10. Accordingly, the instant writ petition stands disposed of.

¶33

¶34