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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S. RAMACHANDRA RAO, C.J., DEEPAK ROSHAN
Vaishnav Stone Works, through its Proprietor Awadh Kishore Singh, S/o Late Diwakar Singh – Appellant
Versus
State of Jharkhand, represented through Secretary, Department of Mines and Geology, Government of Jharkhand – Respondent
JUDGMENT :
M.S. Ramachandra Rao, C.J.
1. In this writ petition the petitioner has challenged the order dt. 16.5.2023 passed by the Mines Commissioner, Ranchi in Revision Case No. 57 of 2022 under Rule 63 of Jharkhand Minor Mineral Concession Rules, 2004 communicated through Memo No. 1546/MC dt. 18.7.2023 issued by the Under Secretary, Department of Mines and Geology, Government of Jharkhand, Ranchi.
2. The said Revision had been filed by the petitioner before the Mines Commissioner against the Communication No. 814/M dt. 8.9.2022 of the Deputy Commissioner, Sahebganj( Respondent No. 2), whereby the registered mining lease dt. 2.2.2018/20.2.2018 of the petitioner valid for 10 years, has been prematurely terminated.
3. Petitioner has also sought for quashing of the Communication No. 814/M dt. 8.9.2022 of the Respondent No. 2 and has further sought a Mandamus directing the Respondent No. 2 to issue a statutory thirty days’ notice afresh under lease deed part IX/ 3 of Jharkhand Minor Mineral Concession Rules, 2004 and provide an opportunity of hearing under Rule 27(2) of the Jharkhand Minor Mineral Concession Rules, 2004 before passing fresh reasoned and speaking order.
4. A direction was
The failure to consider a party's explanation before adverse action constitutes a violation of natural justice, rendering the decision arbitrary.
The Deputy Commissioner exceeded jurisdiction by terminating a mining lease without proper delegation and violating natural justice principles.
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.
An authority cannot adjudicate a matter it has previously decided, emphasizing the importance of jurisdiction in administrative law.
The court emphasized the necessity for authorities to follow procedural rules before canceling mining leases, allowing alternative penalties rather than outright cancellations.
State Government framed the Rajasthan Minor Mineral Concession Rules, 2017.
The court emphasized the importance of considering extenuating circumstances, such as the petitioner's medical condition, and held that arbitrary decisions without due consideration are not permissib....
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