The court ruled that any arbitrary State action that suspends a lease without due process necessitates consideration for relief to ensure compliance with the principles of natural justice.

JUDGMENT :

RAJESH SHANKAR, J.

1. Heard the learned counsel for the parties.

2. By our order dated 18-02-2026, we had granted the respondents opportunity to file counter affidavit and listed this matter on 11.03.2026, High on Board, for final disposal.

3. Our order dated 18.02.2026, reads is as follows: -

1. Heard learned counsel for the parties.

2. Mr. Piyush Chitresh, learned A.C. to A.G. appearing on behalf of the respondents, submits that the respondents shall file counter affidavit in this matter.

3. List this matter on 11.03.2026 high on board under the heading “Final Disposal”.

4. Counter affidavit must be filed by 09.03.2026 after serving an advance copy of the same to learned counsel for the petitioner latest by 05.03.2026, if necessary, through e-mail.”

4. Today, Mr Piyush Chitresh, AC to AG, seeks extension of time to file a reply and at the same time submits that since the mining lease granted to the petitioner on 08.02.2016 has expired on 07.02.2026, no further extension of the mining lease period can be granted and the relief in this petition is rendered infructuous. For this, he relies on the Jharkhand Minor Mineral Concession Rules 2004, as amended on 28^th September, 2020.

5. We have considered Mr Piyush Chitresh's contention, but we find no merit in it. The petitioner instituted this petition after applying to the respondents vide his application dated 25^th September, 2025 for extension. This petition was instituted on 27^th January 2026. The matter was adjourned on 18.02.2026 at the request of the State. In these circumstances and also for reasons discussed hereafter, it cannot be said that the relief in this petition is rendered infructuous.

6. There is no serious dispute on the factual aspects and, therefore, no case is made out for grant of further time to file counter-affidavit. The relief is now opposed relying upon the Jharkhand Minor Mineral Concession Rules, 2004 as amended in 2020. These are legal issues, for which a counter affidavit is not necessary.

7. The petitioner was granted a mining lease on 08.02.2016 for the extraction of stones, a minor mineral, for a term of 10 years, which expires on 07.02.2026, about which there is no dispute.

8. Nirmala Gari and some others instituted W.P.(C) No. 6180 of 2024 in this Court, alleging breach of terms and conditions of the mining lease by the petitioner. This matter was taken up for the first time on 11.12.2024 and adjourned at the request of the learned counsel for the State to 12.12.2024. On 12.12.2024, learned counsel for the State again applied for an adjournment, and the matter was posted on 13.12.2024. On 13.12.2024, this Court ordered notice to all the respondents and recorded the statement of the learned counsel for the respondents 1 to 5 (State Authorities) that the 3^rd respondent has since suspended the mining license granted to the 7^th respondent (petitioner herein) on 12.12.2024.

9. The contents of this Court’s order dated 13.12.2024 in W.P.(C) No. 6180 of 2024 are transcribed below for the convenience of reference: -

1. Notice to the respondents.

2. Mr. Ravi Prakash Mishra, A.C. to A.A.G.II accepts notice for the respondents 1 to 6.

3. It is brought to our notice by the counsel for the respondents 1 to 5 that the 3rd respondent has since suspended the mining license granted to the 7th respondent on 12.12.2024.

4. The same is noted.

5. List on 21.02.2025.

6. Counter affidavit may be filed in the meantime.

10. The petitioner has contended that the petition instituted by Nirmala Gari and others was only for extortion of some amounts from the petitioner. It is further alleged that the suspension referr