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2019 Supreme(Jhk) 128

SUJIT NARAYAN PRASAD
Shah Brothers – Appellant
Versus
Union of India through the Secretary – Respondent


Advocates Appeared:
For the Petitioner:Mr. Amarendra Sharan, Sr. Adv, Mr. Indrajit Sinha, Advocate Mr. Krishanu Ray, Advocate, Mr. Anil Kumar Sinha, Sr. Adv, Mr. Krishanu Ray, Advocate. For the State:Mr. Ajit Kumar, A.G. Ms. Aprajita Bhardwaj, A.C. to A.G. Ms. Shristi Sinha, Advocate.
For the Respondent:Mr. Rajiv Sinha, ASGI, Mr. Niraj Kumar, Advocate, Ms. Shreesha Sinha, Advocate.

JUDGMENT :

1. Since in both the writ petitions similar issues are involved, therefore the same have been heard together and are being disposed of by this common order.

2. These writ petitions have been filed under Article 226 of the Constitution of India whereby and whereunder order dated 04.01.2019/10.01.2019 as contained in Memo No.28/M/Memo No.54/M passed by the order of the Governor under the signature of Joint Secretary, Department of Mines and Geology, Government of Jharkhand by which the mining lease for iron ore has been cancelled with immediate effect with a direction to forfeit the performance security.

3. The brief facts of the case of the petitioners as per the pleadings made in the writ petitions is that mining lease was granted, they have successfully commenced the mining operation which was renewed time to time and lastly it has been extended upto 09.07.2022 by virtue of the provision as contained in Section 8-A(6) of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the Act, 1957) and in pursuance thereto, supplementary lease deed was executed.

4. The stand of the petitioners is that they are operating the mines after following th




































































































































































































































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