Renewal of mining leases after the statutory cut-off date of 31.03.2022 is prohibited, and previous judicial decisions must be adhered to unless demonstrably erroneous.

JUDGMENT :

Sujit Narayan Prasad, J.

1. This writ petition is under Article 226 of the Constitution of India seeking for the following reliefs: -

“For issuance of an appropriate Writ/Writs, direction/ directions, order/ orders for quashing the order dated 20.08.2014 passed by the Mines Commissioner Jharkhand at Ranchi in Rev. Case No. 104/2023 (Annex-2) as well as the order dated 16.10.2023 passed by the District Mining Officer Garhwa contained in memo no. 1337 Dated 16.10.2023 (Annex-1) whereby and whereunder the application filed by the petitioner for renewal of his mining lease covering over plot no. 48(1) Part consisting for an area of 8 acres under Mauza- Jogiral, Khurd has been rejected by the District Mining Officer Garhwa in view of the amended rule 9 (1) of the JMMC, Rules 2004 and subsequently with erroneous finding by ignoring the previous order passed in similarly situated matters with regard to provisions for renewal of mining lease over government land the order of the District Mining Officer, Garhwa has been affirmed against the law and;

Further to direct the Deputy Commissioner Garhwa to renew the mining lease in favour of the petitioner upon his application filed on 16.10.2023 forthwith by taking into consideration that the petitioner has already complied with all the necessary formalities for the purpose of renewal of the mining lease.”

2. The brief facts of the case, as per the pleading made in the writ petition, requires to be enumerated, which read as under: -

(i) It is the case of the writ petitioner that the plot corresponding to Khata No. 59 measuring an area of 8 acres of land situated under Mauza Jogiral Khurd, a mining lease for stone was granted to the petitioner sometime in the year 2004 for the period of 10 years, w.e.f. 07.02.2004 to 06.02.2014.

(ii) On the basis of the aforesaid lease, the petitioner had been carrying the business of stone quarry by adhering all the Rules and Regulations and payment of Royalty to the Government regularly.

(iii) After expiry of the aforesaid term the renewal of the aforesaid lease was made in the year 2014 and the lease was renewed further for 10 years w.e.f. 07.02.2014 to 06.02.2024.

(iv) Since, the term of the aforesaid lease is valid up to 06.02.2024 and accordingly, before expiry of the aforesaid term, the application for its further renewal was submitted by the petitioner before the Deputy Commissioner, Garhwa on 10.10.2023 in accordance with statutory Rules.

(v) After submission of the aforesaid application by the petitioner on 10.10.2023, vide letter as contained in memo no. 1337 dated 16.10.2023, the petitioner was informed that his application dated 10.10.2023 has been rejected in terms of the amended Rules of 9(1) of JHARKHAND MINOR MINERAL CONCESSION RULES , 2004 (in short ‘JMMC Rules’) and the intimation to that effect was conveyed to the petitioner.

(vi) Being aggrieved with the order dated 16.10.2023 passed by the District Mining Officer Garhwa, the petitioner moved before the Mines Commissioner, Ranchi in Rev. Case No. 104/2023 and finally, vide order dated 20.08.20