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2025 Supreme(Online)(Jhk) 4281

HIGH COURT OF JHARKHAND
M/S ASHUTOSH STONE WORKS REPRESENTED THROUGH ITS AUTHORIZED SIGNATORY PRASHANT SINGH – Appellant
Versus
THE STATE OF JHARKHAND THROUGH THE SECRETARY DEPARTMENT OF MINES AND GEOLOGY – Respondent
WPC 7183 / 2025



IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.7183 of 2025 ------

M/s Ashutosh Stone Works having its registered office at NH 99, Village- Nagar, P.O. Hunterganj and P.S. Hunterganj, District- Chatra, Jharkhand represented through its Authorized Signatory Prashant Singh, aged about 28 years, son of Rambharosh Singh, resident of Village- Pipra, P.O.

Mayurhand and P.S. Itkhori, District- Chatra, Jharkhand.

…. …. Petitioner Versus

1. The State of Jharkhand, through the Secretary, Department of Mines and Geology, having its Office at Vikas Bhawan (Nepal House), P.O. & P.S. Doranda, District Ranchi, Jharkhand.

2. The Deputy Secretary, Department of Mines and Geology, having its Office at Vikas Bhawan (Nepal House), P.O. &

P.S. Doranda, District Ranchi, Jharkhand.

3. The Director, Department of Mines and Geology, having its Office at Vikas Bhawan (Nepal House), P.O. & P.S.

Doranda, District Ranchi, Jharkhand.

4. Jharkhand State Mineral Development Corporation Ltd., through its Chairman, having its office at Khanij Bhawan, P.O. and P.S. Doranda, District Ranchi, Jharkhand.

5. Managing Director, Jharkhand State Mineral Development Corporation Ltd., having its office at Khanij Bhawan, P.O.

and P.S. Doranda, District Ranchi, Jharkhand.

6. The Deputy Commissioner, Jamshedpur, having its office at Jamshedpur, P.O. & P.S. Jamshedpur, District East Singhbhum, Jharkhand.

7. District Mining Officer, Jamshedpur, having its office at Jamshedpur, P.O. & P.S. Jamshedpur, District East Singhbhum, Jharkhand.

8. Sand In-Charge, Jharkhand State Mineral Development Corporation Ltd., having its office at Khanij Bhawan, P.O.

and P.S. Doranda, District Ranchi, Jharkhand.

.... .... Respondents CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI ------

For the Petitioner : Mr. Indrajit Sinha, Advocate Mr. Ankit Vishal, Advocate For the Respondents : Mr. Shray Mishra, AC to AG Mr. Aditya Raman, AC to GA III ------

Order No.04/Dated: 12th December, 2025 Per Sujit Narayan Prasad, J.

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

(i) For issuance of an appropriate writ, order or direction particularly writ of certiorari for quashing the letter No. 1055 dated 01.08.2025 (Annexure- 14) issued by the Sand In-Charge, JSMDC whereby and whereunder the Letter of Intent being LOI No. 1106 dated 05.10.2023 as well as the Agreement dated 19.01.2024 executed in favour of the petitioner by the JSMDC has been cancelled in terms of the Sand Mining Rules, 2025.

And (ii) For issuance of an appropriate writ, order or direction for declaring that Mining Developer cum Operator (MDO) Agreement, dated 19.01.2024 (Annexure-8) executed between the petitioner and respondent-JSMDC, in relation to Koreyamohanpal Sand Ghat, situated at Mouza Koreyamohanpal, District East Singhbhum, having an area of 34.70 hectares, shall be deemed to be valid for a period of five years as per the Agreement in terms of Rule

20(1) of Jharkhand Sand Mining Rules, 2025.

And (iii) For issuance of further appropriate writ/order/direction, restraining the respondent authorities from interfering with the Koreyamohanpal Sand Ghat which has been allotted to the petitioner as an 'MDO' in respect of the said Sand Ghat situated at Mouza Koreyamohanpal, District East Singhbhum, having an area of 34.70 hectares during the tenure of the Agreement dated 19.01.2024.

And (iv) For issuance of an appropriate writ/order/direction for quashing/setting aside the Notification dated 30th September, 2022 (Annexure-12), to the extent it declares Jharkhand State Mineral Development Corporation as Deemed Lessee of all Sand Ghats only up to 15th August, 2025, as opposed to being declared as Deemed Lessee of Sand Ghats for a period of five years from the date of operation of Sand Ghats, as being violative of Rule 12(4) of Jharkhand Minor Mineral Concession (Second Amendment) Rules, 2017.”

2. The brief facts of the case, as per the pleading made in the writ pet

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