IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 3565 of 2025 with I.A. No. 14290 of 2025 ----

M/s Maa Durga Stone Works (a proprietorship concern), having its office at Jai Prakash Chowk, Sakrogarh, P.O. Sahibganj, P.S. Jirwabadi, District-Sahibganj, PIN-816109, (Jharkhand) through its proprietor namely, Shri Bishnu Prasad Yadav aged about 41 years, son of Late Raj Kishore Yadav, resident of Sakrogarh, P.O. Sahibganj, P.S. Jirwabadi, District-Sahibganj, PIN-816109, (Jharkhand)

… … Petitioner Versus

1.State of Jharkhand, through the Secretary, Department of Mines and Geology, Govt. of Jharkhand, having its office at Yojna Bhawan (Nepal House), P.O. and P.S. Doranda, District Ranchi (Jharkhand), PIN 834002.

2.Deputy Commissioner, Sahibganj, having its office at District Collectorate, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj, (Jharkhand).

3.District Mining Officer, Sahibganj, having its office at District Collectorate, Sahibganj, P.O. & P.S. Sahibganj, District Sahibganj, (Jharkhand).

… … Respondents -------

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

For the Petitioner : Mr. Sumeet Gadodia, Advocate Mr. Ranjeet Kushwaha, Advocate Mr. Nillohit Choubey, Advocate Mr. Prakhar Harit, Advocate Mr. Nidhi Lall, Advocate Mr. Shruti Shekhar, Advocate For the Respondents : Mr. Gaurav Raj, AC to AAG-III --------

Order No. 06 : Dated 24^th February, 2026 Per 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 of us [Sujit Narayan Prasad, J] was a member. On the said date following order was passed:

“1.The matter can be heard if the petitioner deposits at least 50% of the demand amount.

2.Place the matter after the amount is deposited.”

3. Pursuant thereto, an Interlocutory Application being I.A. No. 14290 of 2025 has been filed by the petitioner making a prayer for recall of order dated 28th July, 2025, inter alia, on the ground that the decision which has been sought to be quashed has been passed by the authority who was having no jurisdiction to exercise the said power, which has been admitted by the State by issuance of notification as contained in Memo No. 01/2025 -1072 dated 06.05.2025. Another ground has been taken that this Court vide order dated 26.09.2025 passed in W.P. (C) No. 1011 of 2025 [Md. Moktar Momin Vs. The State of Jharkhand & Ors.] has held that to impose penalty under Rule 54(6) of the JMMC Rules, 2004, power has been conferred upon the authorities i.e., Director, Mines; Additional Director, Mines for the entire State of Jharkhand; and Deputy Director, District/Assistant Mining Officer, of its jurisdiction, by virtue of Notification dated 6th May, 2025, and, there was no such power to the District Mining Officer prior to the issuance of the said notification by the State of Jharkhand.

4. The submission, therefore, has been made that since the Deputy Commissioner was having no jurisdiction when the order impugned has been passed and as such relegating the petitioner to prefer an appeal or revision, would not come in the way in entertaining the writ petition in view of law laid down by Hon’ble Apex Court in the case of Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and Others reported in (1998) 8 SCC 1.

5. Learned counsel for the petitioner has submitted that impugned order imposing penalty by the respondent is dated

30.12.2023 an