Shailesh Kumar Vs the State of Jharkhand — Writ and Judicial Review | Jharkhand HC (2025)

Shailesh Kumar Vs the State of Jharkhand — Writ and Judicial Review | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the letter contained in memo no. 444 dated 10.08.2020 issued by the District Mining Officer, Deoghar, rejecting the petitioner's application for renewal of the mining lease of Bargunia Stone Mines (Plot no. 446, Village Bargunia, District Deoghar), is liable to be quashed by writ of certiorari. +1 more

Court's answer

Having gone through the prayer, pleadings and the judgment dated 08.08.2025 in W.P.(C) No.3560 of 2025, this Court found that the issue forming the subject matter of the present writ petition has already been decided by the Coordinate Bench of this Court in that judgment.

Ratio / Principle

Accordingly, the instant writ petition stands dismissed in terms of the judgment dated 08.08.2025 passed in W.P.(C) No.3560 of 2025, and any pending interlocutory application(s) are disposed of.

Detailed headnote1 paragraphs

Jharkhand High Court (Division Bench: Sujit Narayan Prasad & Arun Kumar Rai, JJ.) — W.P.(C) No.1968 of 2025, decided 14.08.2025. Petitioner sought (i) certiorari quashing the letter contained in memo no. 444 dated 10.08.2020 (Annexure-3) of the District Mining Officer, Deoghar, rejecting renewal of his mining lease of Bargunia Stone Mines, Plot no. 446, Village Bargunia, District Deoghar, taken allegedly by wrongly relying on Rule 9(1)(chha) of the Jharkhand Minor Mineral Concession Rules 2004, and (ii) direction to the respondents (nos. 4-6) to renew the lease considering Rule 23 of those Rules. The respondent-State pointed out that a similar issue had been decided by a Coordinate Bench in W.P.(C) No.3560 of 2025 on 08.08.2025 and sought disposal in terms thereof. Finding the subject-matter issue already decided by the Coordinate Bench, THIS Court dismissed the writ petition in terms of the judgment dated 08.08.2025 in W.P.(C) No.3560 of 2025; pending interlocutory application(s), if any, were disposed of. This Bench did not itself adjudicate the merits under Rule 9(1)(chha).

2025:JHHC:23683-DB

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1968 of 2025

------

Shailesh Kumar, aged about 45 years, Son of Late Saryu Singh, Resident of House no.09, Sundarlal Mishra Road, Near Kali Mandir, Caslair Town, P.O., P.S. Deoghar & District Deoghar

…. …. Petitioner

Versus

The State of Jharkhand.

The Secretary, Department of Mines and Geology, Government of Jharkhand, Project Building, P.O. & P.S. -Dhurwa, District - Ranchi.

The Director Mines, Department of Mines and Geology, Government of Jharkhand, Nepal House, P.O. & P.S. Doranda, District - Ranchi.

The Deputy Commissioner, Deoghar, having its office at District Collectorate Deoghar, P.O., P.S. Deoghar & District Deoghar.

The District Mining Officer Deoghar, having its office at District Collectorate Deoghar, P.O., P.S. Deoghar & District Deoghar.

The Assistant Mining Officer, Deoghar, having its office at District Collectorate Deoghar, P.O., P.S. Deoghar & District Deoghar.

..... .... Respondents

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

------ For the Petitioner : Ms. Tanya Singh, Advocate For the State : Mr. Shray Mishra, AC to AG ------

05/Dated: 14.08.2025

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

Constitution of India seeking therein for the following reliefs: -

(i) For issuance of a writ of certiorari quashing the letter contained in memo no. 444 dated 10.08.2020 (Annexure-3) issued under the pen and signature of District Mining Officer, Deoghar whereby and whereunder an erroneous decision has been taken to reject the petitioner's application for renewal of mining lease pertaining to Bargunia Stone Mines situated at Plot no. 446 at Village Bargunia,

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District Deoghar that too by wrongly relying upon Rule 9 (1) (chha) of the Jharkhand Minor Mineral Concession Rules 2004 which is wholly illegal and unlawful in view of the fact that Rule 9 (1) (chha) no where stipulates that renewal of mining lease is impermissible instead it merely states that the period of approved/renewed mining lease on government area and Raiyati area of more than 05.00 hectare area, if their approval/renewal period is after 31st March, 2020, then their period will remain valid till the period of their approval/ renewal.

(ii) For directing the respondents particularly respondent no. 4 to 6 to renew the mining lease of the petitioner in relation to Bargunia Stone Mines situated at Plot no. 446 at Village Bargunia, P.O., P.S. Madhupur & District Deoghar in furtherance to the mining license already granted to the petitioner and also taking into consideration Rule 23 of the Jharkhand Minor Mineral Concession Rules 2004.

2. Learned counsel for the petitioner has submitted that the authority concerned while passing the impugned order dated 10.08.2020 has not appreciated the fact in right perspective.

3. Mr. Shray Mishra, learned AC to AG appearing for the respondentState that the similar issue has already been decided by the Coordinate Bench of this Court in W.P.(C) No.3560 of 2025 on 08.08.2025.

4. Submission therefore has been made that the present writ petition

2025:JHHC:23683-DB

may also be disposed of in terms of the said judgment passed by this Court.

5. We have considered the arguments advanced on behalf of the parties and perused the judgment passed by the Coordinate Bench of this Court dated 08.08.2025.

6. We, after going through the prayer and pleadings made in the writ petition, as also, the judgment dated 08.08.2025 passed in W.P.(C) No.3560 of 2025, have found that the issue, which is the subject matter of the present writ petition, has already been decided by the Coordinate Bench of this Court in the aforesaid judgment.

7. Accordingly, the instant writ petition is dismissed, in terms of the judgment dated 08.08.2025 passed in W.P.(C) No.3560 of 2025.

8. In consequence thereof, pending interlocutory application(s), if any, stands disposed of.

(Sujit Narayan Prasad, J.)

(Arun Kumar Rai, J.)

Rohit/-