Disposed¶34

Upendra Kumar Singh v. the State of Jharkhand, through the Deputy Commissioner, Palamu

Jharkhand HC15 Sept 2025WPC/4971/2025

Case brief

AI extract

What is this about?

PIL maintainability; jungle-jhadi land; mining lease Plot No. 1217 Mauza Rewaratu Satbarwa Lesliganj Palamu; 1908 Khatiyan; Forest (Conservation) Act 1980; Environment (Protection) Act 1986; Mines and Minerals (Development and Regulation) Act; Jharkhand Minor Minerals Concession (JMMC) Rules; T.N. Godavarman Thirumalpad; Deputy Commissioner Palamau order 24.05.2025; physical verification outside notified forest area; M/s Shri Vinayak Construction; writ disposed as not maintainable for the time being; 2025:JHHC:28184-DB.

What did the court decide?

The Court declined to issue notice to the respondents; respondent no. 6 appeared through counsel and pressed for consideration of the Deputy Commissioner's order dated 24.05.2025. ¶28

Upendra Kumar Singh Vs the State of… — Mining and Natural Resources | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Disposed

¶34

Issue for consideration

Whether the public interest litigation seeking disclosure of documents, a bar on fresh leases, cancellation of existing mining leases and an independent investigation regarding mining leases over Plot No. 1217, Mauza Rewaratu (Satbarwa, Lesliganj, Palamu), allegedly 'jungle-jhadi' land per the 1908 Khatiyan, is maintainable in view of the Deputy Commissioner's verification findings.

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Court's answer

The Court declined to issue notice to the respondents; respondent no. 6 appeared through counsel and pressed for consideration of the Deputy Commissioner's order dated 24.05.2025.

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Ratio / Principle

In view of the verification findings recorded in the Deputy Commissioner's order, the instant public interest litigation is not maintainable for the time being, and it is disposed of accordingly.

¶34

Detailed headnote1 paragraphs

Public interest litigation (WP(PIL) No. 4971 of 2025, High Court of Jharkhand) by two residents of Palamu seeking mandamus for disclosure of documents regarding mining leases over Plot No. 1217, Mauza Rewaratu (Division Satbarwa, P.S. Lesliganj, District Palamu), allegedly 'jungle-jhadi' land as per the 1908 Khatiyan; restraint on further leases; cancellation of existing leases; and an independent investigation into leases over forest land, invoking the Forest (Conservation) Act 1980, Environment (Protection) Act 1986, the Mines and Minerals (Development and Regulation) Act, the Jharkhand Minor Minerals Concession (JMMC) Rules and T.N. Godavarman Thirumalpad vs. Union of India & Ors (W.P.(C) No. 202 of 1995). Respondent no. 6, M/s Shri Vinayak Construction, appeared and relied on the order dated 24.05.2025 of the Deputy Commissioner, Palamau, recording that physical verification found the land not of jungle type, outside the notified forest area and no longer jungle-jhadi. Holding the PIL 'not maintainable' for the time being, the Division Bench (Tarlok Singh Chauhan, C.J. and Rajesh Shankar, J.) disposed of the petition on 15.09.2025 without issuing notice to the respondents.

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2025:JHHC:28184-DB

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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WP(PIL) No. 4971 of 2025

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Upendra Kumar Singh, aged about 30 years, Son of Shyam Dev Singh, Resident of Gram-Rewaratu, P.O.-Dhawadih, P.S.Lesliganj, Satbarwa, Dist.-Palamu, Jharkhand, PIN-822125

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Mukesh Prajapati, aged about 27 years, Son of Nanhu Prajapati, Resident of Village-Pulsuna, P.O. & P.S.-Medininagar, Satbarwa, Dist.-Palamu, Jharkhand, PIN-822126

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... … Petitioners

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Versus

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The State of Jharkhand, through the Deputy Commissioner, Palamu, having its office at District Collectorate Building, Palamu, P.O. & P.S. Palamu, Dist.-Palamu, PIN-828102

¶9

Divisional Forest Officer, Medininagar Forest Division, having its office at Forest Colony, Kachahri Road, Daltonganj, Palamu, P.O. & P.S. Palamu, Dist.-Palamu, PIN-822101

¶10

Forest Range Officer, Kundri Forest Division, Palamu, having its office at Forest Colony, Kachahri Road, Daltonganj, Palamu, P.O. & P.S. Palamu, Dist.-Palamu, PIN-822101

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District Mining Officer, Daltonganj at Palamu, having its office at District Collectorate Building, Palamu, P.O. & P.S.-Palamu, Dist.Palamu, PIN-828102

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Circle Officer, Daltonganj at Palamu, having its office at District Collectorate Building, Palamu, P.O. & P.S. Palamu, Dist.-Palamu, PIN-828102

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M/s Shri Vinayak Construction, through its Managing Director, having its registered office at Gram Baida Kala, P.O. Baida Kala & P.S. Patan, Dist.-Palamu, PIN-492007 … … Respondents

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CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR

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--------For the Petitioners: Mr. Prakhat Harit, Advocate For the Resp.-State : Mr. Piyush Chetresh, AC to AG For the Resp. No.6 :Mr. Indrajit Sinha, Advocate Mr. Ankit Vishal, Advocate ---------

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02/Dated: 15.09.2025

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1. This writ petition in the nature of public interest litigation has been filed for grant of following reliefs:

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2025:JHHC:28184-DB

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“(i) For issuance of an appropriate writ/order/direction, including Writ in the nature of mandamus, commanding upon the Respondent-State to provide and submit all relevant documents regarding issuance of mining leases in an area which is in the nature of 'jungle-jhadi' located in Plot No.1217 Mauza Rewaratu, Division Satbarwa, P.S. - Lesliganj, District - Palamu.

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(ii) For issuance of further appropriate writ/order/direction, including Writ in the nature of mandamus, commanding upon the Respondent-State to not issue any further mining leases with respect to Plot No.1217 Mauza Rewaratu, Division - Satbarwa, P.S. - Lesliganj, District- Palamu, not only because the said plot has been marked as 'Jungle-Jhadi' Land as per 1908 Khatiyan, but also such mining leases has been issued without following the due process as established under law;

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(iii) For issuance of further appropriate writ/order/direction including Writ in the nature of Mandamus for direction upon the Respondent-State to cancel operation of any such mining lease which has been issued for Plot No. 1217 Mauza-Rewaratu, Division-Satbarwa, P.S.-Lesliganj, District-Palamu for the reason that not only the said area is in the nature of 'Jungle-Jhadi' for which mining leases are being granted by the Respondent-State, but also there is a school as well as residential accommodations of villagers nearby the said area;

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(iv) For issuance of further appropriate writ/order/direction including Writ in the nature of Mandamus, directing the State for an independent investigation regarding multiple grant of mining leases to Private Contractors by the Respondent-State of Jharkhand in areas belonging to forest land which is

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¶26

2025:JHHC:28184-DB

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in complete violation of Forest (Conservation Act, 1980, Environment (Protection Act, 1986), Mines and Minerals (Development and Regulation) Act, as well as the Jharkhand Minor Minerals Concession (JMMC) Rules and the law laid by the Hon'ble Apex Court in the case of T.N. Godavarman Thirumalpad vs. Union of India & Ors (W.P.(C) No. 202 of 1995)”

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2. We are not inclined to issue notice to the respondents. However, the respondent no. 6 M/s. Shri Vinayak Construction has appeared through the learned counsel Mr. Indrajit Sinha, assisted by learned counsel Mr. Ankit Vishal and prays for consideration of order dated 24.05.2025 passed by the Deputy Commissioner, Palamau which goes to indicate that after physical verification of the land in question it has been found that this land is not of a jungle type and is outside the notified forest area and even otherwise the land can no longer be termed to be jungle-jhadi type, the relevant observations as contained in the aforesaid order reads as under:-

¶29

“ जांच सिमित �ारा िदनांक 19.03.2025 को �थल िनरी�ण एवं अंचल काया�लय के द�ावेजों का िनरी�ण कर िदनांक 20.05.2025 को संयु� जांच �ितवेदन ��ुत िकया गया। उ� �ितवेदन के कंिडका-06 (X) से �� है िक ��गत भूिम छोटानागपुर का�कारी अिधिनयम, 1908 के �ावधानों के तहत जंगल िक� की नहीं है। तथा कंिडका-06 (xi) के अनुसार ��गत भूिम अिधसूिचत वन �े� से बाहर है।

¶30

उपरो� के संबंध म� �ा� िशकायत त�हीन एवं आधारहीन है। दा�खल िशकायत प� छ�नामी है। जांच के �म म� भूिम का िक� को जंगल झाड़ पाये जाने का कोई सा� नहीं पाया गया। अतः पलामू िजला के सतबरवा अंचल अंत�गत मौजा रेवारातु, थाना ले�ीगंज के थाना सं�ा 274, खाता सं�ा 72, �ौट सं�ा 1217 (अंश) के कुल रकबा 23.49 एकड �े� पर �ीकृत खनन प�े पर झारख� लघु खिनज स ek नुदान िनयमावली, 2004 यथा संशोिधत के िनयमों के तहत खनन काय� हेतु खनन काय� के पूव� SEIAA, Jharkhand के

¶31

¶32

2025:JHHC:28184-DB

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प�ांक 544, िदनांक 28.01.2025 के आलोक म� अनुमित �ा� कर खनन काय� करने हेतु िनदेिशत िकया जाता है।“

¶34

3. In this view of the matter, we are of the considered view that the instant public interest litigation, for the time being, is not maintainable, and it is accordingly disposed of.

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(Tarlok Singh Chauhan, C.J.)

¶36

(Rajesh Shankar, J.)

¶37

Sharda/Rohit Cp.02 15.09.2025

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Upendra Kumar Singh v. the State of Jharkhand, through the Deputy Commissioner, Palamu

Case brief

What is this about?

What did the court decide?

Upendra Kumar Singh v. the State of Jharkhand, through the Deputy Commissioner, Palamu

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

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Coram

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