IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 5327 of 2025 Binod Modi, aged about 79 years, Son of Jhari Modi, Resident at Gandhi School Road, Ward No. 25, P.O. & P.S.-

Jhumritelaiya, District- Koderma. … Petitioner Versus

1. The State of Jharkhand.

2. The Principal Secretary, Mines and Geology at Nepal House, P.O. & P.S.- Doranda, District- Ranchi.

3. The Deputy Commissioner, Giridih, P.O. & P.S.-Giridih, District-Giridih.

4. District Mining Officer, Giridih, P.O. & P.S. Giridih, District-

Giridih … … Respondents …

CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI For the Petitioner : Mr. Vijoy Kumar Roy, Advocate For the Respondents : Mr. Shray Mishra, A.C. to A.G.

…

Order No.06/dated 09.12.2025 The writ petition has been filed under Article 226 of the Constitution of India seeking therein the following reliefs: -

a. For issuance of appropriate writ(s)/ order(s)

direction(s) upon the Respondents against the order dated 01.11.2024 whereby the Respondent no.3 has directed to the petitioner for granting the aforesaid lease through the Rule prescribed in Jharkhand Minor Mineral by Electronic Auction, however this petitioner has been mining since 1993 over the land in question.

b. For issuance of appropriate writ(s)/ order(s)/

direction(s) upon the Respondents to grant mica lease to the petitioner who was already been working over the raiyati land of total applied area 10.5 acres situated at Mouza Bhurai, Plot no. 63, 66, 67, 69, Block of Tisri, District- Giridih upto 2017.

c. For issuance of appropriate direction to execute the deed and issue the challan pursuant to order dated 27.09.2018 whereby only 0.89 acres lease is granted to the petitioner over the land of village Bhurai in Khata no. 8/10/11, Plot no. 66, 67, 68 to the petitioner and rest land is pending subject to no objection/

permission by the Central Government.

d. For issuance of appropriate writ(s)/ order(s)/

direction(s) upon the Respondents to renew/grant to Lease of (Minor) Mineral Mica of raiyati land of remaining applied area of 9.61 (10.5-0.89) acres situated at Mouza Bhurai, Plot no. 63, 66, 67, 69, Block of Tisri, District- Giridih.

e. For issuance of appropriate direction to rest of lease area pursuant to order passed by Mines Commissioner, State of Jharkhand, Ranchi vide order dated 28.05.2024.

2. Counter affidavit has been filed in pursuance to the order dated 04th November, 2025. Respondent-State has taken serious objection by putting reliance upon the order passed by the Co-ordinate Bench dated 18.12.2024 appended to the counter affidavit as Annexure-E whereby and whereunder the Co-ordinate Bench of this Court has granted liberty to the petitioner to challenge the order dated 07.11.2024 before the appropriate appellate authority and by doing so, the writ petition was disposed of.

3. It has been contended that herein the writ petitioner has again challenged an order said to be passed on 01.11.2024 as would be evident from prayer No.1(a) to the writ petition.

4. It has been submitted that when the Co-ordinate Bench has passed an order on 18.12.2024 and has not interfered with the order dated 07.11.2024, as such, it is not available for the writ petitioner to again challenge the order said to be passed prior to 07.11.2024 by filing the present writ petition.

5. Upon this, learned counsel appearing for the writ petitioner has submitted that he has approached to the appellate authority in the light of the order passed by the Co- ordinate Bench dated 18.12.2024 but still the appellate authority has not decided the matter.

6. This Court, in view of the aforesaid submission as has been advanced on behalf of the writ petitioner, therefore, is of the view that whatever is being objected by the learned counsel for the State is being admitted by the learned Counsel for the writ petitioner meaning thereby the appellate authority, in terms of the order dated 18.12.2024 has to take a decision as is being submitted by the learned counsel for the wri