Jharkhand Ispat Private Limited Through One Of Its Director Sri Rajeev Kumar Agarwal Vs Forest — Jharkhand HC (2025) — LawSathi Research

Jharkhand Ispat Private Limited Through One Of Its Director Sri Rajeev Kumar Agarwal Vs Forest — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition dismissed as infructuous; petitioner given liberty to prefer a fresh application before the competent authority seeking dealer's license for the land in question; I.A. No. 1267/2022 disposed of.

Issue for consideration

Whether the letter dated 26.12.2016 of respondent No.4, rejecting the petitioner's request for grant of temporary license/permit to remove unused stocked Iron Ore Fines from its closed unit, wrongly interpreted the Jharkhand Mineral Dealer Rules, 2007, and whether show cause should be issued to respondent No.2 regarding violation of law. +1 more

Ratio / Principle

Considering the petitioner's submission that the sanction for the crusher unit had been granted and the Rules, 2007 stood repealed by the Rules, 2017, the present writ petition is dismissed as infructuous.

Key takeaways

The petitioner is at liberty to prefer a fresh application before the competent authority seeking dealer's license for the land in question.ratio¶21
Consequently, I.A. No. 1267/2022 also stands disposed of.ratio¶22

Detailed headnote1 paragraphs

Writ Petition — Dismissal as infructuous — Jharkhand Ispat Private Limited challenged the letter dated 26.12.2016 of the District Mining Officer, Chaibasa (respondent No.4) rejecting its request for temporary license/permit to remove unused stocked Iron Ore Fines from its closed unit at Meralgarha, West Singhbhum, contending misinterpretation of the Jharkhand Mineral Dealer Rules, 2007; its dealer's licence (valid 31.05.2008 to 30.05.2013) had lapsed after closure of business in October 2012. During pendency, via I.A. No. 1267/2022, the petitioner submitted that its renewal application under the Rules, 2007 vis-a-vis the Mineral Concession Rules, 1960 remained pending, that respondent No.2 (Jharkhand State Pollution Control Board) had sanctioned establishment and operation of its crusher unit, and that the Rules, 2007 had been repealed by the Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2017, requiring a fresh application. Considering these submissions, the Court dismissed the writ petition as infructuous, left the petitioner at liberty to prefer a fresh application before the competent authority for a dealer's license for the land in question, and disposed of I.A. No. 1267/2022. (Rajesh Shankar, J.)

2025:JHHC:10950

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(C) No. 413 of 2017

Jharkhand Ispat Private Limited, through one of its Directors, Sri Rajeev Kumar Agarwal, Ramgarh ….. Petitioner

Versus

The State of Jharkhand, through the Secretary, Forest and Environment Department, Ranchi

Jharkhand State Pollution Control Board, through its Member Secretary, Ranchi 3. The Secretary, Department of Mines & Geology, Government of Jharkhand, Ranchi

The District Mining Officer, Chaibasa, West Singhbhum ….. Respondents

CORAM

HON’BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioner: Mr. N. K. Pasari For Respondent No.2: Mr. Rahul Saboo

08/09.04.2025 The present writ petition has been filed for quashing the letter dated 26.12.2016 issued by the respondent No.4 whereby misinterpreting the provisions of the Jharkhand Mineral Dealer Rules, 2007 (hereinafter referred to as ‘the Rules, 2007’), the petitioner’s request for grant of temporary license/permit to remove the unused stocked Iron Ore Fines from its closed unit, situated at Khata No. 53, Plot Nos. 799 & 856, Village-Meralgarha, P.ONoamundi, Barajamda, District-West Singhbhum has been rejected. Further prayer has been made for issuance of show cause to the respondent No.2 as to which provision of law has been violated by the petitioner as the license issued to it was valid for the period from 31.05.2008 to 30.05.2013 and it stopped carrying out any commercial activity and completely closed down its business in the month of October, 2012 and filed monthly returns till the validity period of the license i.e. May, 2013.

An interlocutory application being I.A. No. 1267/2022 has been filed on behalf of the petitioner stating inter alia that the application for renewal of the dealer’s license under the provisions of the Rules, 2007 vis-a-vis the Mineral Concession Rules, 1960 had been kept pending by the respondent No.4 and

2025:JHHC:10950

during pendency of the writ petition, the petitioner has been granted sanction by the respondent No.2 to establish and operate the crusher unit. Hence, the aforesaid prayer made in the present writ petition has become infructuous.

Leaned counsel for the petitioner also submits that since during the intervening period, the Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2017 [hereinafter referred to as ‘the Rules, 2017’] has been framed repealing the Rules, 2007, the petitioner is now required to prefer a fresh application under the Rules, 2017 for grant of dealer’s license.

Considering the said submission, the present writ petition is dismissed as infructuous.

However, the petitioner is at liberty to prefer a fresh application before the competent authority seeking dealer’s license for the land in question.

Consequently, I.A. No. 1267/2022 also stands disposed of.

(RAJESH SHANKAR, J)

Satish/-