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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, ARUN KUMAR RAI, JJ
Sushma Devi, wife of Late Kameshwar Sahu – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Kanti Kumar Ojha, learned counsel appearing for the appellant and Mr. Manish Kumar, learned Sr. S.C.-II.
2. This appeal is directed against the order dated 22.07.2019 passed by the learned Single Judge in W.P.(C) No. 673 of 2017 whereby and whereunder, the challenge made to the order dated 06.10.2015 passed by the Mines Commissioner, Gumla in Revision Case No. 292 of 2012 was affirmed.
3. It has been submitted by Mr. Kanti Kumar Ojha, learned counsel for the appellant that though certain irregularities were found in the application preferred for renewal before the Deputy Commissioner but the said certificates were ultimately deposited and even the statutory dues of Rs. 63,442/- was deposited before the Mines Commissioner but the learned Single Judge had not considered these aspects of the matter while dismissing the writ application preferred by the appellant.
4. Mr. Manish Kumar, learned Sr. S.C.-II has submitted that the deposit of the statutory dues was after the order was passed in the revision by the Mines Commissioner. It has further been submitted that the revisional order of the Deputy Commissioner was also never challenged by the writ-petitioner.
5. It a
Timely compliance with statutory obligations is essential for the renewal of mining leases; delays and non-compliance can result in dismissal of appeals.
State Government framed the Rajasthan Minor Mineral Concession Rules, 2017.
An authority cannot adjudicate a matter it has previously decided, emphasizing the importance of jurisdiction in administrative law.
Renewal of a mining lease is a discretionary right, contingent on fulfilling mandatory conditions; failure to comply justifies rejection of applications.
The court's decision was based on the absence of jurisdictional irregularity or illegality in the impugned order, leading to the dismissal of the petition.
The court emphasized the necessity of adjudicating on the legality of a demand notice for compensation in mining cases to prevent irreparable loss to the petitioner.
The failure to consider a party's explanation before adverse action constitutes a violation of natural justice, rendering the decision arbitrary.
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