Disposed¶24

Sundari Devi v. the State of Jharkhand

Jharkhand HC14 Aug 2025WPC/4260/2020

Case brief

AI extract

What is this about?

W.P.(C) No.4260 of 2020; 2025:JHHC:23757-DB; Jharkhand High Court, Ranchi; dead rent exemption; stone mining lease; District Mining Officer Hazaribagh; Memo No. 851 dated 13/08-2019; Memo No.676 dated 12.04.2016; Ministry of Steel and Mines letter no-3(24) 2001 MV; dead rent demand Rs.6,51,310; alternate remedy of appeal and revision; withdrawal with liberty to appeal; appellate authority to decide within three months; Article 226; Koderma; Jhumri Tilya; Hazaribagh; disposed on 14.08.2025; Sujit Narayan Prasad; Arun Kumar Rai; K.K. Ojha; Devesh Krishna; Kumar Pawan.

What did the court decide?

Liberty to the petitioner to withdraw the writ petition and prefer an appeal before the appellate forum within four weeks; the appellate authority to pass orders in accordance with law within three months thereafter ¶24

Sundari Devi Vs the State of Jharkhand — Writ and Judicial Review | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

¶24

Issue for consideration

Whether the demand notice (Memo No. 851 dated 13/08-2019) of the District Mining Officer, Hazaribagh raising dead rent of Rs.6,51,310 was liable to be quashed, given the petitioner's claimed entitlement to exemption of dead rent w.e.f. 12.04.2016 till maturity of the stone mining lease on 07.09.2020, mining having ceased by order dated 12.04.2016, consistent with the Ministry of Steel and Mines letter no-3(24) 2001 MV +1 more

¶16

Ratio / Principle

The writ petition is disposed of with liberty to the petitioner to prefer an appeal within four weeks.

¶22

Key takeaways

The appellate authority shall pass orders, in accordance with law, within three months thereafter.ratio¶23

Detailed headnote1 paragraphs

Jharkhand High Court (Division Bench: Sujit Narayan Prasad and Arun Kumar Rai, JJ.), Order No.12 dated 14.08.2025, disposed of a writ petition under Article 226 of the Constitution filed by Sundari Devi, legal heir of late Ramkumar Prasad Singh, challenging a dead rent demand of Rs.6,51,310 (calculated till March 2020) raised by notice Memo No. 851 dated 13/08-2019 of the District Mining Officer, Hazaribagh, despite her claimed entitlement to dead rent exemption from 12.04.2016 (when mining operations ceased by Memo No.676 dated 12.04.2016) till maturity of the stone mining lease on 07.09.2020, per the direction in Ministry of Steel and Mines letter no-3(24) 2001 MV. On the State's submission that appeal and revision were available as alternate remedies, the petitioner sought leave to withdraw; the Court disposed of the petition with liberty to prefer an appeal within four weeks and directed the appellate authority to pass orders in accordance with law within three months. The merits of the dead rent exemption claim were not adjudicated by this Court.

¶1

2025:JHHC:23757-DB

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶3

W.P.(C) No.4260 of 2020

¶4

Sundari Devi (aged about 63 years) legal heir of late Ramkumar Prasad Singh, resident of Addi Gabla Durga Mandap, P.O.+P.S.Jhumri Tilya, Dist-Koderma … Petitioner

¶5

The State of Jharkhand

¶6

Deputy Commissioner, Hazaribagh

¶7

The District Mining Officer, P.O.+P.S.-Hazaribagh, Dist-Hazaribagh … Respondents

¶8

----------

¶9

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

¶10

¶11

For the Petitioner : Mr. K.K. Ojha, Advocate For the State : Mr. Devesh Krishna, S.C. Mines-III Mr. Kumar Pawan, A.C. to S.C. Mines-III

¶12

-----

¶13

Order No.12/Dated 14.08.2025

¶14

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

¶15

Constitution of India for the following relief(s) :-

¶16

“For issuance of an appropriate writ(s)/direction(s) /order(s) quashing the notice contained in Memo No. 851 dated 13/08-2019 (Annex-6) issued under the signature of the District Mining Officer, Hazaribagh whereby despite the Petitioner being entitled for exemption of dead rent w.e.f. 12.04.2016 till maturity of his mining lease for stone i.e till 07.09.2020 and moreover despite the fact that the mining operation of the Petitioner ceased to operate by the order contained in Memo No.676 dated 12.04.2016 and having no fault on his part, and after expiry of term of his mining lease on 07.09.2020 dead rent for a sum of Rs.6,51,310 has been calculated till March 2020; on the ground of filing application for renewal of the alleged lease and furthermore the said dead rent has been calculated against the direction contained in letter no-3(24) 2001 MV issued by the Ministry of Steel and Mines, Govt. of India wherein it has been clearly stated that the dead rent has been exempted for such period when the lessee was not legally allowed to carry mining activities even if

¶17

¶18

2025:JHHC:23757-DB

¶19

the lease was restored subsequently, and, the Petitioner further prays that after quashing of the aforesaid demand notice, to direct the Respondents to serve the actual demand of dues of royalty to the Petitioner so that she may deposit the same without any hesitation for renewal of her mining lease and/further for grant of such other relief/reliefs for which the Petitioner is legally entitled for.”

¶20

2. Mr. K.K. Ojha, learned counsel for the writ petitioner has argued the case at length, however, Mr. Devesh Krishna, learned S.C. Mines-III has submitted that this writ petition may not be entertained in view of the fact that there are two alternate remedies by way of appeal as well as revision is available to the writ petitioner.

¶21

3. Upon this, Mr. K.K. Ojha, learned counsel appearing for the writ petitioner seeks leave of this Court to withdraw this writ petition with a liberty to the writ petitioner to approach the appellate forum.

¶22

4. Considering the aforesaid fact, this writ petition is disposed of with a liberty to the petitioner to prefer an appeal within four weeks.

¶23

5. The appellate authority will pass order, in accordance with law, within three months thereafter.

¶24

6. Accordingly, this writ petition stands disposed of.

¶25

(Sujit Narayan Prasad, J.)

¶26

(Arun Kumar Rai, J.)

¶27

Rajnish/R.K.