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2023 Supreme(Jhk) 1099

SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Ghosh Stone Works – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sidhartha Roy, Advocate
For the Respondent: Mr. Gaurav Raj, A.C. to A.A.G.-II, Ms. Sweta Shukla, A.C. to A.A.G.-II

ORDER :

Sujit Narayan Prasad, J.

1. The writ petition is under Article 226 of the Constitution of India seeking therein quashing of the order dated 28.11.2017 passed by the Respondent No.2 in Revision Case No.84/2016 by which while dismissing the revision, the claim of the writ petitioner to grant the lease for a period subject to maximum of 10 years has been declined.

2. The brief facts of the case as per the pleadings made in the writ petition which are required to be enumerated, read hereunder as :-

3. The fact of the writ petition is that a mining lease over the area in question was granted in favour of the writ petitioner for 10 years with effect from 11.10.2000 to 10.10.2010. Thereafter, the said lease was renewed in favour of the petitioner for further 05 years with effect from 11.10.2010 to 10.10.2015.

4. The writ petitioner, subsequent thereto, had made an application on 02.06.2015 for renewal of the aforesaid stone mining lease for a period of 10 years with effect from 11.10.2015 to 10.10.2025.

5. It is the contention of the writ petitioner that the said renewal application was made after getting the environmental clearance certificate by the SEIAA, Jharkhand which is valid for

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