Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rongon Mukhopadhyay, Deepak Roshan
Ambey Mining Private Limited – Appellant
Versus
Bharat Coking Coal Limited – Respondent
JUDGMENT :
Deepak Roshan, J.
Heard learned counsel for the parties.
2. The present writ application has been filed by petitioner primarily seeking following reliefs:-
(a) Issue an appropriate writ, order or direction or a writ in the nature of Mandamus directing the Respondents to make a final decision for the closure of the contract in terms of the representation dated 05.07.2021 made by the Petitioner before the Respondents vis a vis its non-execution due to the restrictions imposed by the DGMS vide its Order dated 18.11.2015 (Annexure- 9 of the Writ Petition) and also in light of the Respondents decision of issuance of the tender in complete violation and disregard of the environment clearance rules, and direct the Respondents to pay the dues of the Petitioner in accordance with the law.
“Issue an appropriate writ, order or direction or a writ in the nature of Mandamus restraining/injuncting the Respondents from taking any coercive steps against the Petitioner and be further pleased to direct the parties to resolve disputes and differences through a dispute resolution mechanism/Arbitration in accordance with the Circular dated07.04.2017, issued by Coal India Limited, Civil Engineerin
Tender issuance without requisite environmental clearance violates Article 14, rendering state action arbitrary and warranting judicial intervention.
The court established that state actions must comply with legal and environmental regulations, and arbitrary actions that violate constitutional rights can be challenged through writ petitions, even ....
The power of judicial review is not normally exercised in contractual obligations, and parties may be relegated to adjudication of their rights by resorting to remedies provided for adjudication of p....
Non-commencement of work allows for cancellation of administrative approvals under Article 226, ensuring public fund utilization.
Public authorities must act fairly and cannot arbitrarily terminate contracts without justification, reinforcing the legitimacy of expectations within public-private partnerships.
The court emphasized the principle that when a statute provides for a thing to be done in a particular manner, it must be done in that manner or not at all, and any other methods are barred.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
