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2025 Supreme(Online)(Jhk) 4479

JHARKHAND HIGH COURT
*Sujit Narayan Prasad, Arun Kumar Rai, JJ.
Kamal Prabhat Stone Jharkhand (M/s.) v. State of Jharkhand
W. P. (C) No. 3368 of 2022



1. The instant writ petition has been filed under Art.226 of the Constitution of India seeking therein for the following reliefs: -
(i) For issuance of an appropriate writ(s) / order / s direction(s)including writ of Mandamus, directing the Respondent authorities to consider and dispose of the representation filed by the petitioner dated 11.11.2019 (Annexure - 17 to the writ petition) and to consequentially extend the tenure of Mining Lease of the petitioner pertaining to "Stone Boulders" situated at Plot No. 5688(P), Village Domchanch, ThanaDomchanch, District - Koderma, having an area of 5.50 Acres for a period of four years and three months and / or upto April, 2026.
(ii) For issuance of further appropriate writ / order / direction, including Writ of Declaration, declaring that due to inaction of the respondent authorities for delay in granting renewal of Mining Lease to the petitioner, the petitioner cannot be made to suffer and the petitioner is entitled for extension of the period of mining lease deed for four years and three months and / or upto April 2026 as against the validity of the Lease Deed up to 05.01.2022, especially because for the period 05.01.2012 to 04.04.2016, Lease Deed of the petitioner was not executed by the respondent authorities for no fault of the petitioner."

2. The brief facts of the case, as per the pleading made in the writ petitioner, required to be enumerated, which read as under: -
(i) It is the case of the writ petitioner that the Mining Lease Deed was executed for "Stone Boulders" in favour of petitioner for a period of 10 years from 06.01.2002 to 05.01.2012 in terms of the Jharkhand Minor Minerals Concession Rules, 2004. The petitioner carried out the mining activity pursuant to the aforesaid Lease Deed granted in his favour and as per the Lease Deed, Petitioner was further entitled for renewal of its mining lease for a further period of 10 years. Under the said circumstances, petitioner applied for renewal of his lease deed on 26.08.2010 before the competent authority within the statutory time and before the expiry of the mining lease.
(ii) Subsequent to the said application, a letter was issued vide letter no. 1255 dated 08.09.2010 by the Assistant Mining Officer, Koderma to the petitioner for submitting relevant documents for renewal of lease deed. After receiving the aforesaid letter from the Assistant Mining Officer, Koderma, petitioner on 30.09.2010 submitted all the relevant documents before the concerned office.
(iii) The mining Lease Deed which was granted to the petitioner, was for an area of less than 5 hectares and in respect of the said Lease Deed, there was no requirement for obtaining any Environment Clearance and sanction of Mining Plan. (iv) Petitioner applied for renewal of its mining lease within stipulated time, i.e., on 26.08.2010, and after the Judgment of the Hon'ble Apex Court dated 27th February, 2012, petitioner took steps for approval of its mining plan including obtaining Environment Clearance. The respondent authorities have not taken any action for renewal of the lease deed of the petitioner and the lease deed had expired. Under the said circumstances, petitioner filed a revision application being Revision Case No.50 of 2011 before the Mines Commissioner, Jharkhand, Ranchi for extension of time for consideration of his application for renewal of mining lease and the Mines Commissioner, Jharkhand, vide its order dated 17.03.2012 granted extension of time for renewal of mining lease of the Petitioner.
(v) After grant of extension of time from the Mines Commissioner, Jharkhand, again a memo was issued by the District Mining Officer, Koderma to the petitioner vide Memo no. 1320 / M Koderma dated 01.06.2012 for submission of relevant documents. A reply was given by the petitioner on 15.6.2012 regarding the submission of the documents in which, he has stated that the petitioner has already furnished all the required documents on 30.09.2010. So far as document to be
































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