IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(C) No.1746 of 2021

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Satbir Singh, aged about 61 years, son of Late Harbans Singh, resident of Belwatikar, P.O. & P.S. Daltonganj,

District Palamau, Jharkhand.

… … Petitioner

Versus

1. The State of Jharkhand through the Secretary,

Department of Mines and Geology, Government of Jharkhand, Yojana Bhawan, P.O. & P.S.- Doranda,

District- Ranchi.

2. The Director, Department of Mines and Geology,

Government of Jharkhand, Yojana Bhawan, P.O. &

P.S.- Doranda, District- Ranchi.

3. The Deputy Commissioner, Palamau, Medininagar, P.O.

& P.S. Daltonganj, District-Palamau, Jharkhand.

4. The District Mining Officer, Palamau, Medininagar, P.O.

& P.S. Daltonganj, District Palamau, Jharkhand.

… … Respondents

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

HON’BLE MR. JUSTICE ARUN KUMAR RAI

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For the Petitioner : Mr. Rahul Kumar, Advocate

For the State : Mr. Mohan Kr. Dubey, AC to AG

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Order No. 08/Dated: 18^th December, 2025

Per Sujit Narayan Prasad, J.

1. The writ petition is under Article 226 of the

Constitution of India for issuance of following reliefs: -

“1(i) For issuance of appropriate Writ(s) /Order (s) /Direction(s) in the nature of certiorari to quash and declare the Rule 9(10) of the Jharkhand Minor Mineral Concession Amendment Rules, 2017 notified vide Notification No. 149 dated 02.03.2017 (Annexure 7) and amended vide Notification dated 30.09.2000 (Annexure 8) as ultra vires to be in contravention with Sections 8A(3) and 8A(6) of the Mines and Minerals

(Development and Regulation) Amendment Act, 2015.

(ii) For issuance of appropriate Writ(s) /Order (s) /Direction(s) commanding upon the Respondents to extend the lease-hold of the Petitioner for soap stone and dolomite for a period of 50 years as stipulated in terms of Mines and Minerals Development and Regulation Amendment Act 2015 which, provided for deemed extension of the mining lease for a period till

31.03.2020 or 50 years, whichever is later.”

Factual Matrix

2. The brief facts of the case as stated in the writ petition which are required to be enumerated, are being referred herein: -

The father of the petitioner was granted a mining lease for Soap Stone and Dolomite, which was a major mineral over an area of 11.79 acres or 5.77 hectare in village Sua at Cadestral Survey Plot No. 183, P.S. Daltonganj, District Palamau for a period of 20 years w.e.f.

16.01.1980.

3.After expiry of the period of mining lease, the lessee filed an application for renewal of mining lease under the provisions of Mineral Concessions Rules, 1960 on

15.01.1999.

4.The lessee Sardar Harban Singh died on 18.08.2003 and thereafter the name of his son Satbir Singh was mutated in the statutory mining lease register/application register vide order dated 21.08.2004 passed by the District Mining Officer, Palamau.

5.In the meanwhile, the respondent-Director, Mines vide letter his letter dated 10.06.2009 had also directed the respondent-Deputy Commissioner, Palamau to process the aforesaid renewal application under the Mineral Concessions Rules, 1960.

6.It is the case of the petitioner that the above-mentioned renewal applications were kept pending by the Respondent authorities for long.

7. During the pendency of the renewal applications, the Central Government promulgated the Mines and Minerals (Development and Regulation) Amendment Ordinance, 2015 which was passed as an Amendment Act, 2015 on 27.03.2015 w.e.f. 12.01.2015.

8. The said Amendment brought about a notable change in Section 8 of the MMDR Act, 1957 and inserted a new section 8A for regulating the period of mining leases of minerals. The said amendment brought about remarkable changes in the power of State Government in matters of grant of and extension of mining leases.

9. Since the Petitioner has been granted the mining lease for non-captive purposes, hence, Section 8A(6) is attracted in the matter and in view of the fact that the Petitioner fulfills all the terms and conditions of the lease deed, the Petitioner Company became