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M. S. RAMACHANDRA RAO, DEEPAK ROSHAN
Shivam Stone Works – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
M. S. Ramachandra Rao, C.J. (Oral)
1. This writ petition is filed challenging the order dt. 30.07.2024 passed by the Mines Commissioner, Ranchi in Revision Case No. 99 of 2023 filed by the petitioner.
The said revision case had been filed by the petitioner challenging the order dt. 06.07.2023 of the Deputy Commissioner, Pakur embodied in Memo No. 2171 dt. 29.09.2023 and issued under the signature of the District Mining Officer, Pakur.
In that order the petitioner was informed about rejection of his application for grant of fresh mining lease dt. 25.09.2019 and also application dt. 11.02.2020 on the ground of non-submission of Environmental Clearance Certificate within the statutory time limit.
2. In the impugned order passed in Revision Case No. 99 of 2023, the author of the said order i.e. the Mines Commissioner records that the primary order dt. 06.07.2023 has been passed by himself when he was the adjudicating authority i.e. the Deputy Commissioner, Pakur. He, therefore, states that since he himself passed the primary order as a primary authority, he cannot hear and pass any order on the same set of issues as an appellate authority and, therefore, he has disposed of the re
An authority cannot adjudicate a matter it has previously decided, emphasizing the importance of jurisdiction in administrative law.
The failure to consider a party's explanation before adverse action constitutes a violation of natural justice, rendering the decision arbitrary.
An order passed against a deceased person is a 'nullity', and alternative remedies may be explored under changed mineral classifications, with the Competent Authority empowered to condone delay in fi....
The Deputy Commissioner exceeded jurisdiction by terminating a mining lease without proper delegation and violating natural justice principles.
Timely compliance with statutory obligations is essential for the renewal of mining leases; delays and non-compliance can result in dismissal of appeals.
The court emphasized the necessity of adhering to procedural requirements in administrative actions, particularly the right to a hearing and jurisdictional limits post-mineral classification changes.
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....
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