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SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Alok Kumar Dengi, son of Sri Bijai Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Sujit Narayan Prasad, J.)
1. The writ petition under Article 226 of the Constitution of India has been filed for quashing the order dated 28.03.2023 passed by the revisional authority, Mines Commissioner in Revision Case No. 65 of 2022, whereby and whereunder, the decision of the competent authority of termination of the lease of mining of stone in Mouza-Lodhiya, P.O. Pratappur, under khata No.21, plot no. 118(P), has been refused to be interfered with.
2. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated, read as under:
A mining lease deed was executed vide order dated 04.03.2016 by the Deputy Commissioner, Chatra which was duly registered on 29.03.2016 by taking all the required clearances from the concerned departments.
The District Mining Officer, Chatra vide memo no.356 date 29.03.2022 issued an order asking the writ petitioner to deposit a sum of Rs.6,73,031/- as additional royalty with respect to the mining lease. A reminder was also given by the District Mining Officer, Chatra regarding the payment of the said additional royalty vide letter date 21.04.2022. Thereafter, again another reminder was given vide
The court emphasized the importance of adhering to lease conditions and highlighted that sympathy or mercy cannot override the terms and conditions of a lease agreement.
Once the terms and conditions of a lease are accepted, the party cannot challenge them. The application of statutory provisions, such as Rule 9(1) of the JMMC Rules, must be adhered to in determining....
The cancellation of the mining lease was found to be in accordance with the statutory provision of Rule 25(5) of the Orissa Minor Mineral Concession Rules, 2004.
The main legal point established in the judgment is the importance of observing the principles of natural justice in administrative decisions, and the requirement for authorities to consider relevant....
Point of Law : Court will not and cannot earn any sympathy or favourable order unless the statement is supported by the sincere, honest and diligent efforts made and manifested before the authority.
The court emphasized the importance of considering extenuating circumstances, such as the petitioner's medical condition, and held that arbitrary decisions without due consideration are not permissib....
The main legal point established in the judgment is the requirement for reasoned decisions based on relevant facts, the importance of providing an opportunity of personal hearing, and the need to rec....
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