The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 5165 of 2024 ----- Sanjay Kr. Agarwal, aged about 60 years, son of Late Ram Kr. Agarwal, resident of Jajalpur, P.O. – Sarsa Pahad and P. S. – Chirkund, District – Dhanbad … … … Petitioner With W.P.(C) No. 5166 of 2024 ----- Subal Kumar Singh Choudhary, aged about 40 years, son of Ram Prasad Choudhary, resident of Chotapichdi, P.O. – Kalyanpur and P. S. – Barwadda, District – Dhanbad … … … Petitioner With W.P.(C) No. 5168 of 2024 ----- Kishor Kumar Mahto, aged about 50 years, son of Late Govind Mahto, resident of Mantand, P.O. and P. S. Topchachi, District – Dhanbad … … … Petitioner With W.P.(C) No. 5177 of 2024 -----
Legal Reasoning
Niranjan Kumar Choudhary, aged about 55 years, son of Shri Jitender Nath Choudhary, resident of Daldali, P.O. – Rajganj and P. S. – Barwadah, District – Dhanbad … … … Petitioner With W.P.(C) No. 5200 of 2024 ----- Deepesh Kumar Dhanani, aged about 48 years, son of Shri Himaat Lal Dhanani, resident of Shashtri Nagar, P.O. and P. S. – Bankmor, District – Dhanbad … … … Petitioner With W.P.(C) No. 5218 of 2024 ----- Surendra Kumar Gupta, aged about 65 years, son of Nand Kishor Gupta, resident of Taldanga, P.O. – Sarsa Pahadi and P. S. – Chirkunda, District – Dhanbhad … … … Petitioner With W.P.(C) No. 5236 of 2024 ----- Ranjit Kumar Singh, aged about 41 years, son of Late Birender Singh, resident of Panchet Dam, P.O. – Panchet Dam and P. S. – Chirkunda, District – Dhanbad … … … Petitioner With W.P.(C) No. 5240 of 2024 ----- Page 1 Birender Prasad, aged about 46 years, son of Damru Mahto, resident of Dhangi, P.O. – Roam Kako Math and P. S. – Rajganj, District – Dhanbad … … … Petitioner With W.P.(C) No. 5291 of 2024 ----- Md. Mahmood Ansari, aged about 63 years, son of Late Yunus Ansaari, resident of Belal Masjid, P.O. and P. S. – Jharia, District – Dhanbad … … … Petitioner With W.P.(C) No. 5293 of 2024 ----- Kanhaiya Singh Kushwaha, aged about 68 years, son of Late Radhe Singh Kushwaha, resident of Satya Narayan Mandir Road, P.O. – Katras and P. S. – Katragadh, District – Dhanbad … … … Petitioner With W.P.(C) No. 5294 of 2024 ----- Munna Kumhar, aged about 38 years, son of Sri Radhu Kumar, resident of Dayabans Pahar, P.O. – Brahmandiha and P. S. – Topchachi, District – Dhanbad … … … Petitioner With W.P.(C) No. 5299 of 2024 ----- Shambhu Soni, aged about 54 years, son of Rajendra Prasad Soni, resident of Subhash Nagar Tarbagan, P.O. and P. S. – Chirkunda, District – Dhanbad … … … Petitioner With W.P.(C) No. 5303 of 2024 ----- Sadan Lal Gupta, aged about 60 years, son of Late Nand Kishor Gupta, resident of Taldanga, P.O. – Sarsa Pahad and P. S. – Chirkund, District – Dhanbad … … … Petitioner With W.P.(C) No. 5304 of 2024 ----- Satkari Pan, aged about 65 years, son of Late Satish Chandra Pan, resident of Ram Nagar, P.O. – Barakar and P. S. – Kulti, District – Dhanbad … … … Petitioner With W.P.(C) No. 5305 of 2024 ----- Ashok Kumar Jha, aged about 50 years, son of Shri Kripa Sindhu Jha, resident of Village - Telummari, P.O. – Sijua and P. S. – Tetulmari, District – Dhanbad … … … Petitioner With Page 2 W.P.(C) No. 5306 of 2024 ----- Md. Mahmood Ansari, aged about 63 years, son of Late Yunus Ansaari, resident of Belal Masjid, P.O. and P. S. – Jharia, District – Dhanbad … … … Petitioner With W.P.(C) No. 5317 of 2024 ----- Nand Lal Tiwary, aged about 52 years, son of Shri Durga Prasad Tiwary, resident - Sidhabad, P.O. – Brahamandiha and P. S. – Topchanchi, District – Dhanbad, Jharkhand … … … Petitioner 1. The State of Jharkhand 2. Secretary, Department of Mines and Geology having office at Nepal Versus House, Doranda, P.O. and P.S. Doranda, District – Ranchi 3. District Mining Officer, Dhanbad, P.O. and P.S. Dhanbad, District – Dhanbad … … … Respondents (In all the cases) ------- CORAM: HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MR. JUSTICE ARUN KUMAR RAI For the Petitioner For the Resp. State ------ : Mr. S. L. Agarwal, Advocate Ms. Ayushi, Advocate : Mr. Mohan Kumar Dubey, AC to AG ------ Order No. 04/Dated 24th September, 2024 1. All these writ petitions are having the same cause of action and as such Mr. S. L. Agarwal, learned counsel appearing on behalf of the petitioner(s), has prayed to hear these matters together. 2. There is no objection on behalf of the learned State counsel who is being representing by Mr. Mohan Kumar Dubey, learned AC to learned AG. 3. The learned counsel appearing for the petitioner has raised the issue of applicability of the Rules 30, 31 and 32 of the Jharkhand Minor Mineral Concession Rule, 2004 under which the response has been sought for from the petitioner(s) by making an imputation of violation of statutory requirement as contained therein. Page 3 4. The validity of the provision of Rule 65 i.e. the Power of Appeal, vested with the Deputy Commissioner is also the another prayer made in these writ petitions. 5. However, after some arguments learned counsel appearing for the petitioner(s), seeks leave of this Court to withdraw these writ petitions with a liberty to prefer the appeal in order to raise the factual aspects for its consideration by the appropriate forum. 6. There is no opposition by Mr. Mohan Kumar Dubey, learned AC to learned AG. 7. Considering the same and without entering into the merit of the case, these writ petitions are disposed of with the liberty to the petitioner(s) to search out the alternative remedy for redressal of their grievance. 8. Considering the same, these writ petitions stand dismissed as
Decision
withdrawn and as such disposed of. (Sujit Narayan Prasad, A.C.J.) (Arun Kumar Rai, J.) Umesh/- Page 4