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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, DEEPAK ROSHAN
SGS Mines and Industries Pvt. Ltd. – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner for the following reliefs:
(i) An appropriate writ, order or direction declaring that Rule 9(1)¼Ä½ of the JHARKHAND MINOR MINERAL CONCESSION RULES 2004 as amended by the Jharkhand Minor Mineral Concession (Amendment) Rules, 2017 as ultra vires article 14 and 19(1)¼Ä½ of the Constitution of India and Section 15 of the Mines and Minerals Development and Regulation Act, 1957;
(ii) Upon such declaration, for issuance of a further appropriate writ, order direction commanding upon the concerned respondent to process the petitioner's application for grant of Mining Lease for Building Stone applied for over an area of 10.10 Acres on Plot No. 3349(Part) under Khata No.2 in Mauja Amdiya, under Kolhan Thana in the District of West Singhbhum, Jharkhand vide it's application dated 20.01.2017 in accordance with the rules of 2004.
3. The brief facts of the case as per the pleadings are that the grant of leases for 'Minor Minerals' in Jharkhand is governed by the JHARKHAND MINOR MINERAL CONCESSION RULES , 2004, which provide a specific procedure for the grant of m
The court ruled that amendments rendering pending applications ineligible violate constitutional rights, highlighting arbitrary treatment of applicants and the State's responsibility for delays.
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