M/S Rajhans Refractories Private Limited v. The State of Jharkhand

----- M/s. Hindalco Industries Limited, having its office at Hindalco Complex, Court Road, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga, its President (Mines)-Shri Bijesh Kumar Jha, son of Shri S.N.Jha, resident of Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga … … Petitioner through Versus through

State of Jharkhand, its Chief Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi.

Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi.

Assistant Mining Officer, Lohardaga, P.O. Lohardaga, Respondents P.S. Lohardaga, District- Lohardaga. … W.P.(C) No.7318 of 2017 ----- M/s. Hindalco Industries Limited, having its office at Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga, through its Authorized Signatory-Shri Bijesh Kumar Jha, son of Shri S.N.Jha, resident of Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga … … Petitioner Versus through

1. State of Jharkhand, its Chief Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi. 2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi. 3. District Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga 4. Assistant Mining Officer, Lohardaga, P.O. Lohardaga, Respondents P.S. Lohardaga, District- Lohardaga. … W.P.(C) No.7319 of 2017 ----- M/s. Hindalco Industries Limited, having its office at Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga, through its Authorized Signatory-Shri Bijesh Kumar Jha, son of Shri S.N.Jha, resident of Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga … … Petitioner Versus

1. State of Jharkhand, its Chief Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi. through

2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi. 3. District Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga 4. Assistant Mining Officer, Lohardaga, P.O. Lohardaga, Respondents P.S. Lohardaga, District- Lohardaga. … W.P.(C) No.7320 of 2017 ----- M/s. Hindalco Industries Limited, having its office at Hindalco Complex, Court Road, P.O. Lohardaga, P.S. its President Lohardaga, District-Lohardaga, (Mines)-Shri Bijesh Kumar Jha, son of Shri S.N.Jha, resident of Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga … … Petitioner through Versus 1. The State of Jharkhand, through its Chief Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi. 2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi. 3. District Mining Officer, Gumla, P.O. Gumla, P.S. Gumla, District-Gumla 4. Assistant Mining Officer, Gumla, P.O. Gumla, P.S. … … Respondents Gumla, District-Gumla W.P.(C) No.7321 of 2017 ----- M/s. Hindalco Industries Limited, having its office at Hindalco Complex, Court Road, P.O. Lohardaga, P.S. its President Lohardaga, District-Lohardaga, (Mines)-Shri Bijesh Kumar Jha, son of Shri S.N.Jha, through resident of Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga … … Petitioner Versus through

1. State of Jharkhand, its Chief Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi. 2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi. 3. District Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga 4. Assistant Mining Officer, Lohardaga, P.O. Lohardaga, Respondents P.S. Lohardaga, District- Lohardaga. … W.P.(C) No.7322 of 2017 ----- M/s. Hindalco Industries Limited, having its office at Hindalco Complex, Court Road, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga, its President (Mines)-Shri Bijesh Kumar Jha, son of Shri S.N.Jha, resident of Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga … … Petitioner through Versus 1.

The State of Jharkhand, through its Chief Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi. 2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi. 3. District Mining Officer, Gumla, P.O. Gumla, P.S. Gumla, District-Gumla 4. Assistant Mining Officer, Gumla, P.O. Gumla, P.S. Gumla, District-Gumla … … Respondents W.P.(C) No.7323 of 2017 ----- M/s. Hindalco Industries Limited, having its office at Hindalco Complex, Court Road, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga, its President (Mines)-Shri Bijesh Kumar Jha, son of Shri S.N.Jha, resident of Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga … … Petitioner through Versus 1.

The State of Jharkhand, through its Chief Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi. 2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi. 3. District Mining Officer, Gumla, P.O. Gumla, P.S. Gumla, District-Gumla 4. Assistant Mining Officer, Gumla, P.O. Gumla, P.S. Gumla, District-Gumla … … Respondents W.P.(C) No.7324 of 2017 ----- M/s. Hindalco Industries Limited, having its office at Hindalco Complex, Court Road, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga, its President (Mines)-Shri Bijesh Kumar Jha, son of Shri S.N.Jha, resident of Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga … … Petitioner through Versus through

1. State of Jharkhand, its Chief Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi. 2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi. 3. District Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga

Assistant Mining Officer, Lohardaga, P.O. Lohardaga, Respondents P.S. Lohardaga, District- Lohardaga. … W.P.(C) No.7325 of 2017 ----- M/s. Hindalco Industries Limited, having its office at Hindalco Complex, Court Road, P.O. Lohardaga, P.S. its President Lohardaga, District-Lohardaga, (Mines)-Shri Bijesh Kumar Jha, son of Shri S.N.Jha, resident of Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga … … Petitioner through Versus through

1. State of Jharkhand, its Chief Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi. 2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi. 3. District Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga 4. Assistant Mining Officer, Lohardaga, P.O. Lohardaga, Respondents P.S. Lohardaga, District- Lohardaga. … W.P.(C) No.7326 of 2017 ----- M/s Minerals and Minerals Limited, a company incorporated under the provision of Companies Act 1956 and its wholly subsidiary of Hindalco Industries Limited, having its office at Hindalco Complex, Court Road, P.Ο. Lohardaga, P.S. Lohardaga, District Lohardaga, through its Agent (Mines) - Shri Bijesh Kumar Jha, son of Shri S.N. Jha, resident of Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District Lohardaga. … … Petitioner

1. State of Jharkhand, its Chief Secretary, Department of Industries, Mines & Geology, Government of through Versus Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi. 2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi. 3. District Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga 4. Assistant Mining Officer, Lohardaga, P.O. Lohardaga, Respondents P.S. Lohardaga, District- Lohardaga. … … … Respondents W.P.(C) No.7327 of 2017 ----- M/s. Hindalco Industries Limited, having its office at Hindalco Complex, Court Road, P.O. Lohardaga, P.S. its President Lohardaga, District-Lohardaga, (Mines)-Shri Bijesh Kumar Jha, son of Shri S.N.Jha, resident of Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga … … Petitioner through Versus through

1. State of Jharkhand, its Chief Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi. 2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi. 3. District Mining Officer, Gumla, P.O. Gumla, P.S. Gumla, District-Gumla 4. Assistant Mining Officer, Gumla, P.O. Gumla, P.S. Gumla, District-Gumla … … Respondents Cont. Case (Civil) No. 43 of 2018 Court on its own motion ----- Versus … … Petitioner

1. Mr. Sunil Kumar Barnwal, Secretary, Department of Industries, Mines and Geology, Government of Jharkhand, Nepal House, P.O. & P.S. Doranda, District-Ranchi. 2. Mr. Niranjan Prasad, Assistant Mining Officer, Lohardaga, P.O., P.S. & District-Lohardaga. … … Opposite parties

3. The State of Jharkhand … Proforma Opposite Party 4. M/s. Hindalco Industries Limited, Hindalco Complex, P.O., P.S. & District-Lohardaga. Writ petitioner/ Proforma Opposite Party W.P.(C) No.5684 of 2018 ----- (formerly known as Associated Cement ACC Limited Companies Limited), having its registered office at Cement House, 121, Maharshi Karve Road, P.O. & P.S.-Karve Road, District-Mumbai-400020 having its unit at Chaibasa Cement Works, Chaibasa, P.O. & P.S.-Jhinkpani, District- West Singhbhum; through its Senior General Manager- Legal Ajay Kumar Saha, aged about 52 years, son of Shri Rabindra Nath Saha, having address as Ambuja Neotia Eco Center, 15th Floor Unit No.1501 & 1502 EM-4, Sector-V Salt Lake City, P.O.-Bidhan Nagar, P.S.-Sector-V Salt Lake, District- Kolkata-700091 (West Bengal). … Petitioner Versus 1. State of Jharkhand; through its Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O.- Dhurwa, P.S.-Jagarnathpur, District-Ranchi. 2. The Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O.-Dhurwa, P.S.- Jagarnathpur, District-Ranchi. 3. District Mining Officer, District Mining Office, Kutchery, P.O.-G.P.O., P.S.-Kotwali, District Ranchi. 4. Assistant Mining Officer, District Mining Office, Ranchi, Kutchery, P.O.-G.P.O., P.S.-Kotwali, District Ranchi;

Union of India through its Secretary, Ministry of Mines, Government of India, Shastri Bhawan, Dr.Rajendra Prasad Road, P.O.-Shastri Bhawan, P.S.-Shastri Bhawan, District- … … Respondents New Delhi. W.P.(C) No.5692 of 2018 ----- (formerly known as Associated Cement ACC Limited Companies Limited), having its registered office at Cement House, 121, Maharshi Karve Road, P.O. & P.S.-Karve Road, District-Mumbai-400020 having its unit at Chaibasa Cement Works, Chaibasa, P.O. & P.S.-Jhinkpani, District- West Singhbhum; through its Senior General Manager- Legal Ajay Kumar Saha, aged about 52 years, son of Shri Rabindra Nath Saha, having address as Ambuja Neotia Eco Center, 15th Floor Unit No.1501 & 1502 EM-4, Sector-V Salt Lake City, P.O.-Bidhan Nagar, P.S.-Sector-V Salt Lake, .… Petitioner District- Kolkata-700091 (West Bengal). Versus 1. State of Jharkhand; through its Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O.- Dhurwa, P.S.-Jagarnathpur, District-Ranchi.

1. State of Jharkhand, its Chief Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi. 2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi. 3. District Mining Officer, Chaibasa, P.O. Chaibasa, P.S. Chaibasa, District- District-Singhbhum West. … … Respondents W.P.(C) No.771 of 2022 ----- M/s. Khatau Liladhar Thacker, a partnership registered under the Indian Partnership Act, 1932, having its office at and P.O. and P.S. Gua, District-West Singhbhum represented through one of its partners, Vikram Atha, son of Sri Mahesh Kumar Atha, aged about 42 years, resident of Gua, P.O. & P.S. Gua, District-West Singbhum, Jharkhand. … … Petitioner Versus 1. The Union of India through the Secretary, Ministry of Mines and Steel, Sashtri Bhawan, P.O Sashtri Bhawan, P.S. Parliament Street, NCT of New Delhi. 2. The State of Jharkhand through the Secretary, Department of Mines & Geology, Government of Jharkhand, having Office at Nepal House, Doranda, P.O. & P.S. Doranda, District Ranchi. 3. The District Mining Officer, West Singhbhum, P.O. & P.S. Chaibasa, District West Singhbhum. … … Respondents ------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE DEEPAK ROSHAN ------- For the Petitioner(s) : Mr. Indrajit Sinha, Advocate For the State Mr. Arindam Ghosh, Advocate Mr. Ajay Kumar Sah, Advocate Mr. Anoop Kumar Mehta, Advocate Mr. Manish Kumar, Advocate Mr. Pratyush, Advocate Mr. Ramit Satender, Advocate Mr. Krishanu Ray, Advocate Mr. Saurav Arun, Advocate : Mr. Jai Prakash, A.A.G.-IA Ms. Omiya Anusha, A.C. to AAG-IA (in all these cases) Mr. Shashank Saurav, A.C. to G.P.-III Mr. Mukul Kr. Singh, A.C. to G.P.-III Mr. Sahbaj Akhtar, A.C. to AAG-III Mr. Manish Kumar, Sr. S.C.-II Mr. Ashwini Bhushan, A.C. to Sr. S.C.-II For the UOI : Mr. Anil Kumar, A.S.G.I Mr. Abhijeet Kumar Singh, C.G.C ------ 13/04.03.2025 M.S. Ramachandra Rao, C.J., (Oral) The issue raised in all these writ petitions is whether the District Mining Officer is empowered to pass an order under Section 21(5) of the Mines & Minerals (Development & Regulation) Act, 1957 and recover from the persons, who have been granted mining leases, price of the mineral or not.

2. Admittedly, the power under Section 21(5) to do so is vested in the State Government.

3. Under Section 26(2) of the said Act, the State Government is enabled by notification in the official gazette to delegate any power exercisable by it under the statute in relation to matters and subject to certain conditions, if any, as may be specified in the notification to its officer or authority subordinate to the State Government as may be specified in the notification.

4. Petitioners contend is no such notification published in the Official Gazette delegating the power under Section 21(5) by the State Government to any officer including the District Mining Officer.

5. Counsel for the respondents has produced a proceeding dt. 02.07.2005 issued by the Governor of the State of Jharkhand conferring jurisdiction on the District Mining Officer in regard to assessment of “royalty” and its realization for the purposes of Section 24 of the Statute. There is no reference in this notification to sub-section (5) of Section 21 of the Act or to the delegation of the power conferred on the State Government under that provision to the District Mining Officer. In the absence of such a delegation by the State Government to the District Mining Officer of the power under Section 21(5) of the Act, the District Mining Officer has no jurisdiction to exercise such a power and demand from the petitioners, by invoking Section 21(5), price of the mineral which is said to have been disposed of by the respective petitioners.

In this view of the matter, these writ petitions are allowed and the impugned demand notices issued by the respective District Mining Officers to the petitioners under Section 21 (5) of the Act are all set aside. Liberty is however granted to the respondents for demanding and collecting the same through the designated authority under the Statute.

Amounts deposited by the petitioners with the respondents during the pendency of the writ petitions shall be refunded to the petitioners within eight weeks from the date of receipt of copy of this order.

The above sums will be refunded by the State Government with the interest rate 7% per annum from the date of making of such deposit till the date of actual refund to the petitioners.

All other points raised by the petitioners in the writ petitions are left open. (M.S. Ramachandra Rao, C.J.) Fahim/Amardeep (Deepak Roshan, J.)