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IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD, HON’BLE MR. JUSTICE NAVNEET KUMAR, JJ
The Mills Store Company Bombay Private Limited – Appellant
Versus
The State Of Jharkhand Through The Chief Secretary – Respondent
ORDER :
In this batch of writ petitions, the issues involved are common and, as such, all are being heard and decided together.
2. For ready reference prayer of the writ petition being W.P.(C) No. 2360 of 2015 is being quoted as under:
a) For issuance of an appropriate writ, order or direction, including the writ in the nature of certiorari, for quashing the order, as contained in Letter no.157/Mining, Medini Nagar dated 27.3.2015 issued under the signature of the Deputy Commissioner, Palamu-Respondent No.3, whereby and whereunder, auction for settlement of Sand Ghat in favour of the petitioner has been cancelled in terms of Letter no.176/2012, Part-Vi 346/M dated 20.2.2015 issued under the signature of the Joint Secretary, Mines & Geology Department, Government of Jharkhand;
b). For declaring that the condition of submission of documents mentioned in Letter of Intent no. 803 dated 01.11.2013 within 60 days is unreasonable and arbitrary and ultra vires the Articles 14 and 19(1)(g) of the Constitution of India as also the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 read with the Jharkhand Minor Mineral Concession Rules, 2007, or in the alternative, for de
Petitioners entitled to seek refund of Earnest Money and Security Deposit due to State's alleged delays in environmental clearance processing.
Judicial consistency demands adherence to prior rulings, ensuring prompt resolution of claims related to security deposits and sand ghat allotments.
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 court held that if environment clearance is rejected, the contract becomes impossible, warranting a refund of the security deposit.
Authorities under Article 12 must ensure decisions reflect fairness and rationality, especially regarding individual circumstances such as health issues affecting compliance.
The State's duty to ensure accuracy in auctioned mining areas and provide hindrance-free access to mining sites justifies refund in case of discrepancies or hindrances.
Penalty order under minor mineral rules by authority lacking jurisdiction is void; quashed and remitted to competent authority for fresh adjudication despite subsequent power conferment.
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