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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S. Ramachandra Rao, C.J., Deepak Roshan
Hill Movement – Appellant
Versus
State of Jharkhand through its Secretary, Department of Mines and Geology – Respondent
| Table of Content |
|---|
| 1. details on the issuance of notices and relevant dates. (Para 1 , 2 , 3 , 4) |
| 2. court's observation on respondents' failure to file counter affidavit. (Para 5 , 6 , 7) |
| 3. violation of principles of natural justice outlined. (Para 8 , 9 , 10) |
| 4. discussion of legal authority concerning lease termination. (Para 11 , 12) |
| 5. judgment on jurisdiction and natural justice principles. (Para 13 , 14 , 15 , 16) |
| 6. final decision and orders given to the petitioner. (Para 17 , 18 , 19) |
JUDGMENT :
M.S. Ramachandra Rao, C.J.
1. In this Writ petition, the petitioner has assailed the order dt. 08.09.2023 passed by the Deputy Commissioner, Sahibganj. According to the petitioner, this order has been communicated to the petitioner through an email dt. 29.09.2023 of the District Mining Officer, Sahibganj.
2. According to the petitioner, in this email, as attachments, show- cause notices dt. 04.01.2022 and 07.02.2022 were enclosed and in paragraph 8 of the writ petition, this is specifically adverted to.
It is contended that the show-cause notices dt. 04.01.2022 and 07.02.2022 were never served on the petitioner prior to the passing of the impugned order on 08.09.2023 by the Deputy Commissioner
The Deputy Commissioner exceeded jurisdiction by terminating a mining lease without proper delegation and violating natural justice principles.
The failure to consider a party's explanation before adverse action constitutes a violation of natural justice, rendering the decision arbitrary.
Administrative decisions must adhere to principles of natural justice, allowing parties the right to be heard before adverse action is taken.
The cancellation of the mining lease was found to be in accordance with the statutory provision of Rule 25(5) of the Orissa Minor Mineral Concession Rules, 2004.
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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