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2025 Supreme(Jhk) 1843

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Urmila Mining Traders through its Proprietor-Nilesh Ranjan – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. Kanti Kumar Ojha, Advocate
For the Respondent: Mr. Shray Mishra, A.C. to A.A.G.

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer

1. This writ petition is under Article 226 of the Constitution of India seeking a direction commanding and directing the respondents particularly the Respondent No. 2 to issue the Letter of Intent (LOI) in favour of the Petitioner for grant of Mining Lease for stone over being consisted for an area of 27.50 acres of land, situated under Mauza-Nawadih and Bandarchakwa within the District of Koderma, since despite the application filed by the Petitioner vide Application No. 21 dated 06.06.2016 along with all the requisites the Letter of Intent could not be issued to him without any cogent reasons irrespective of the fact that the land applied by the Petitioner being declared as protected forest by virtue of notification in the year 1953, which has lost its force in view of the provisions, as contained in Section 30 of the FOREST ACT , after expiry of 30 years and thereafter no further notification has been issued in terms of Section 29 of the FOREST ACT , and presently the applied land would be treated as vacant land of the Government and over which the Petitioner had applied for grant of the Mining Lease in the year 2016, but even then the m

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