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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Maa Durga Stone Works – Appellant
Versus
State of Jharkhand, through the Secretary, Department of Mines and Geology – Respondent
| Table of Content |
|---|
| 1. writ challenges penalty order for lack of jurisdiction. (Para 1 , 2) |
| 2. deputy commissioner lacked rule 54(6) authority pre-notification. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. procedural listing before original bench for ia recall. (Para 9 , 10) |
| 4. prior rulings confirm unauthorized imposition of penalties. (Para 11 , 12 , 13) |
| 5. orders by authority without jurisdiction are quashed. (Para 14) |
| 6. remand to competent authority for fresh adjudication. (Para 15 , 16 , 17 , 18 , 19 , 20) |
ORDER :
Sujit Narayan Prasad, J.
1. The instant writ petition has been filed, under Article 226 of the Constitution of India, for the following relief:
“(i).For issuance of an appropriate writ, order or direction, including Writ of Certiorari, for quashing and setting aside Letter issued vide Memo No. 1329/M dated 30.12.2023 passed by Respondent no.2 [Annexure-7], in alleged exercise of power under Rule 54 of JHARKHAND MINOR MINERAL CONCESSION RULES , 2004, especially because Respondent No.2 has no jurisdiction and/or authority to pass such order, and, further, said order has been passed in utter violation of principles of natural justice.”
2. The matter was taken up on 28th July, 2025, to which one
Penalty order under minor mineral rules by authority lacking jurisdiction is void; quashed and remitted to competent authority for fresh adjudication despite subsequent power conferment.
The Deputy Commissioner exceeded jurisdiction by terminating a mining lease without proper delegation and violating natural justice principles.
Authority in mining matters transitioned from Tahasildar to Mining Officer under amended Rules, quashing unlawful orders.
The court established that a violation of natural justice renders administrative actions invalid, necessitating a fair hearing and reasoned decisions.
The failure to consider a party's explanation before adverse action constitutes a violation of natural justice, rendering the decision arbitrary.
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