The main legal point established is the requirement for administrative actions to adhere to principles of natural justice and fairness, ensuring that decisions are made after considering all relevant explanations and providing due opportunity of hearing.

JUDGMENT :

The present writ petition has been filed for quashing the order dated 23.03.2018 (Annexure-12 to the writ petition) passed by the Mines Commissioner, Ranchi (the respondent no.2) in Revision Case No. 143 of 2017 whereby revision application preferred by the petitioner has been rejected affirming the order as contained in letter no. 1035/M dated 11.09.2017 issued by the Deputy Commissioner, Palamau (the respondent no.3). Further prayer has been made for quashing the order as contained in Letter No. 1035/M dated 11.09.2017 issued by the respondent no.3 whereby settlement of the sand ghat in favour of the petitioner over an area of 10.00 acres in Koyal river situated at Plot No. 2714 of village Redma under Redma South Gram Panchayat, Palamau (hereinafter to be referred as “the said sand Ghat”) has prematurely been terminated.

2. Mr. Indrajit Sinha, learned counsel for the petitioner, submits that the said sand Ghat was settled in favour of the petitioner for a period of three years i.e. from 01.02.2016 to 31.01.2019 finding him the highest bidder in the public auction held on 25.06.2015. The petitioner got environmental clearance from State Level Environment Impact Assessment Authority, Jharkhand on 30.12.2015. Thereafter, a deed of indenture with map of the granted area was executed on 01.02.2016 which was registered on 17.02.2016. The petitioner also obtained ‘consent to establish’ and ‘consent to operate’ the project from the Jharkhand State Pollution Control Board as per the condition laid down in the deed of indenture. After obtaining all the statutory clearances, the petitioner started extracting and dispatching sand for which monthly returns were being filed in the office of District Mining Officer, Palamau (respondent no.4). The petitioner submitted online application on 26.05.2017 before the respondent no.4 for grant of registration/storage licence under the provision as mandated in Rule 4(1) of the Jharkhand Mineral Dealer’s Rules, 2007 (in short “the Rules, 2007”) for storing, procuring and selling sand in Mouza Redma, Thana No. 188, Khata No. 496, plot nos. 2191 and 2194 over an area of 2.09 acres whereupon the respondent no.4 asked the Circle Officer, Palamau (respondent no.5) to send detailed report about the said land. Though the Halka Karamchari and the Circle Inspector submitted the report to the respondent no.5 on 02.06.2017, yet the said respondent did not submit the same to the respondent no.4 due to which the storage licence could not be granted to the petitioner. Since the petitioner was in bonafide believe that storage licence was deemed to have been issued, it procured and stored sand over the area in question. Suddenly, the petitioner received a show cause notice as contained in letter no.630/M dated 16.06.2017 issued by the respondent no. 4 alleging that during inspection made on 09.06.2017 at about 3:45 p.m., a tractor was found near the sand ghat of the petitioner loaded with sand and the driver showed challan issued by the petitioner in which time of transportation of sand was mentioned as 6.00 a.m. to 8.00 a.m. On being asked, the driver of the said tractor stated that only one Challan was issued by the contractor by taking royalty of Rs.300/- however, the contractor of the said sand ghat used to create pressure upon the drivers of tractors engaged in transportation of sand to lift the same 6 to 7 times in a day on same Challan and the contractor used to collect Rs.100/- per trip. It was further alleged that the petitioner was also extracting sand from outside the sand ghat settled to him. It was also alleged in the show cause notice that during inspection, quantity of sand equivalent to approximately 1034 tractors was found outside the settled area of sand ghat for which no registration was obtained by the petitioner under the Rules, 2007 and as such he violated the provisions of the said Rules, moreover, the capacity of extraction of sand from the settled sand ghat was 80,700 CM per annum,