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RAJESH SHANKAR
Niranjan Prasad – Appellant
Versus
State of Jharkhand – Respondent
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
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....
Petitioners entitled to seek refund of Earnest Money and Security Deposit due to State's alleged delays in environmental clearance processing.
The government's decision must conform to the principles of reasonableness and be free from arbitrariness, bias, and mala-fides. The order of forfeiture of security deposit cannot be passed in violat....
The main legal point established in the judgment is that the impugned orders granting extension of time for lifting sand were illegal, without authority of law, and without jurisdiction, and thus des....
Compliance with government regulations and the use of permissible methods for sand excavation are essential, and refusal to do so may result in the dismissal of claims for refunds.
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