Disposed¶21

Bishnu Prasad Yadav @ Vishnu Prasad Yadav v. State of Jharkhand, through the Secretary, Department of Mines and Geology

Jharkhand HC4 Feb 2026WPC/193/2026

Case brief

AI extract

What is this about?

Illegal mining penalty; withdrawal of penalty order dated 30.12.2023; delegation of Section 21(5) MMDR Act power; Notification No. 1072 dated 06.05.2025 under Section 26(2) MMDR Act; Deputy Commissioner Sahibganj; District Mining Officer; State of Jharkhand Mines and Geology; L.P.A. No. 184 of 2024; fresh proceedings without prejudice; writ disposed without costs; High Court of Jharkhand, Ranchi.

What did the court decide?

Declaration that the impugned order dated 30.12.2023 stands withdrawn, without prejudice to the respondents initiating fresh action in accordance with law and the notification of 06.05.2025; petition disposed of without any cost order. ¶21

Bishnu Prasad Yadav @ Vishnu Prasad Yadav Vs State of Jharkhand, through the Secretary, Department of Mines and Geology — Jharkhand HC (2026) — LawSathi Research

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Citation No. 2026:JHHC:2871-DB

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 193 of 2026

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Bishnu Prasad Yadav @ Vishnu Prasad Yadav, aged about 41 years, son of Raj Kishor Yadav, resident of Sakrogarh P.O. Sahibganj & P.S. Mirzachowki District Sahibganj, PIN-816109 (Jharkhand)

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... Petitioner Versus

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State of Jharkhand, through the Secretary, Department of Mines and Geology, Govt. of Jharkhand, having its office at Yojna Bhawan (Nepal House), P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834002.

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Deputy Commissioner, Sahibganj, having its office at District Collectorate, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj, (Jharkhand).

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District Mining Officer, Sahibganj, having its office at District Collectorate, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj, (Jharkhand) .... Respondents

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---------

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

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--------For the Petitioner: Mr. Sumeet Gadodia, Advocate Mr. Ranjeet Kushwaha, Advocate Ms. Shruti Shekhar, Advocate Mr. Amish Lal, Advocate For the Respondents: Mr. Piyush Chitresh, A.C. to A.G. ---------

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03/Dated: 04.02.2026

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1. Heard the learned counsel for the parties.

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2. The challenge in this petition is to the order dated 30.12.2023 made by Deputy Commissioner, Sahibganj, imposing penalty upon the petitioner for alleged illegal mining.

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3. Mr. Gadodia, the learned counsel for the petitioner, submitted that under Section 21(5) of the Mines and Mineral (Development and Regulation) Act, 1957 [“MMDR Act”], no such power has been delegated to the Deputy Commissioner. He, however, pointed out that

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Page 1 of 2

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Citation No. 2026:JHHC:2871-DB

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by Notification No. 1072 dated 06.05.2025 under Section 26(2) of the MMDR Act, to exercise power under Section 21(5) of the MMDR Act, powers has now been delegated to the officials referred to in the said notification.

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4. Mr. Piyush Chitresh, the learned A.C. to A.G., on instructions, now submits that the impugned order dated 30.12.2023 will stand withdrawn and fresh proceedings would be initiated in accordance with law and the notification of 06.05.2025. He pointed out that this is consistent with the statement made on behalf of the State Government in L.P.A. No.184 of 2024 which was disposed of on 11^th of September 2025.

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5. Accordingly, we accept Mr. Piyush Chitresh’s statement, which is made on instructions, and declare the impugned order dated 30.12.2023 stands withdrawn.

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6. Such withdrawal shall, however, be without prejudice to the rights of the respondents to initiate fresh action in accordance with law and notification of 06.05.2025.

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7. The petition is disposed of in the above terms without any cost order.

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(M. S. Sonak, C.J.)

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(Rajesh Shankar, J.)

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February 04, 2026 N.A.F.R.

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Manoj/Sharda/Cp.2

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Uploaded on 05.02.2026