Back
RONGON MUKHOPADHYAY, DEEPAK ROSHAN
Mishra Wine, through its Partner, namely, Prantosh Mishra, son of Bhawani Prasad Mishra – Appellant
Versus
State of Jharkhand, through its Secretary, Department of Industries, Mines and Geology – Respondent
JUDGMENT :
(Deepak Roshan J.) :
1. Since all these writ applications involve common question of facts and issues and with the consent of the parties were heard together and accordingly all are being disposed of by this common judgment. Prayers made in respective writ petitions are enumerated herein-under:-
(i) For issuance of an appropriate writ/order/direction for quashing/setting aside Letter No. 689/M dated 30.05.2022 (Annexure-7) issued by Respondent No. 3-District Mining Officer, Deoghar, wherein without granting any opportunity of hearing to the Petitioner and in utter contravention of the provisions of Jharkhand Minor Mineral Concession Rules, 2004 and/or Jharkhand Minerals (Prevention of illegal mining, transportation and storage) Rules 2017, the Petitioner has been directed to deposit an amount of Rs. 1,10,180/- being the amount towards penalty equivalent to twice the value of sand allegedly found less in the stockyard of the Petitioner.
(ii) For issuance of further appropriate writ/order/direction, declaring that the action of the Respondent-authorities in demanding twice the value of mineral i.e. sand towards penalty from the Petitioner is beyond
Penalties on stockyard dealers for alleged shortages of sand must be explicitly provided for in law; arbitrary imposition of penalties without statutory backing is impermissible.
Penalty cannot be imposed on stockyard dealers for alleged shortages of sand without statutory provisions supporting such action.
Point of law: The Licensee who contravenes the provisions of these rules deals with storing, stocking and transportation of minerals, either in raw form and / or subjected the mineral/s to beneficia....
FIRs against a mineral concessionaire were quashed due to lack of verification and failure to establish cognizable offences, emphasizing the need for proper legal procedures in prosecution.
The court reaffirmed the authority of state governments to impose penalties under minor mineral concession rules, emphasizing that such penalties are lawful per Sections 14, 15, and 21 of the MMDR Ac....
The court validated the authority of the state to impose penalties for unauthorized quarrying, establishing compliance with statutory rules as per the MMDR Act.
Any penalty imposed without lawful adjudication and reasoned orders is unconstitutional, violating principles of natural justice and authority under relevant statutes.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
