IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Writ Jurisdiction)

W.P.(C) No. 3511 of 2008

….....

1. Ramjit Mehta

2. Bhim Mehta

3. Shambhu Mehta

All are the sons of Late Nilkanth Mehta, resident

of Village- Lengra Piper, Domchanch, P.S. &

P.O.- Domchanch, District- Koderma. …. ..... Petitioners

Versus

1. State of Jharkhand

2. Deputy Director, Department of Mines, North

Chhotanaggpur Circle, Hazaribagh

3. Assistant Mining Officer, Koderma

….

..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO

….........

For the Petitioners

: Mr. Anil Kumar, Sr. Advocate

: Mr. Nitish Parth Sarthi, Advocate.

Ms. Chandana Kumari, Advocate.

For the Respondents/State

: Mrs. Vandana Singh, Sr. S.C.-III.

: Mr. Sandeep Verma, A.C. to Sr. S.C.-III

........

16/07.03.2022.

Heard, learned counsel for the parties.

Learned senior counsel for the petitioners, Mr. Anil Kumar assisted

by learned counsel, Mr. Nitish Parth Sarthi and Ms. Chandana Kumari has

submitted that petitioners namely (1) Ramjit Mehta (2) Bhim Mehta and

(3) Shambhu Mehta, all sons of Late Nilkanth Mehta have filed this writ

petition for quashing the order dated 13.03.08 / 15.3.08 passed in Appeal

No. 01/05 by respondent No. 2 i.e. Deputy Director, Department of Mines

North Chhotanagpur Cirlce, Hazaribagh, which has been preferred on the

presumption that petitioners have excavated, the Minor Minerals from Plot

No.6(P), Area-25.21 Acres, Mouza- Domchanch, for which a criminal case

vide Domchanch P.S. Case No.452/2004 has been instituted.

Learned senior counsel for the petitioners, Mr. Anil Kumar has

submitted that a show-cause was issued by respondent no.3 i.e. Assistant

Mining Officer, Koderma vide letter No.609 dated 27.04.2004 referring an

inspection on 08.04.2004 and 16.04.2004 with regard to excavation and

transportation of stones illegally i.e. approximately 50,000 CFT Bolders,

from Plot No.6(P) of Village- Domchanch in the absence of any evidence,

as such, the show-cause issued by respondent no.3 is arbitrary and bad in

law.

-2-

Learned senior counsel for the petitioners, Mr. Anil Kumar has

further submitted, that on the basis of public complaint, which is annexed

as Annexure- B to the supplementary counter affidavit dated 29.10.2021,

a false complaint was filed duly signed by certain villagers before the

Deputy Commissioner, Koderma regarding illegal excavation of stones.

The same was endorsed to the Inspector Mines on 27.05.2004 for inquiry,

but prior to the aforesaid complain inspection was already done on

08.04.2004 and 16.04.2004. On the basis of that, it was presumed by the

State authority that illegal mining has been done by the petitioners, though

no material evidence has been found by the Inquiring Officer or the

Mining Department that these petitioners have mined out the said Plot

No.6(P), rather a Police case was instituted vide Domchanch P.S. Case

No.452/2004 and in which the petitioners have already been acquitted, as

such, the ground on which such inquiry has been initiated by the Mining

Officer is without any basis.

Learned senior counsel for the petitioners, Mr. Anil Kumar has

further submitted, that subsequently another show-cause contained in

letter No. 1439 dated 1.11.04 issued by respondent no. 3, wherein the

petitioners have been directed to deposit the amount towards the royalty

and value of the amount on the basis of the inquiry report submitted dated

30.10.2004 with regard to the illegal mining, is arbitrary and in the

aforesaid show-cause calculation has been made in the absence of any

material evidence and no notice has been issued earlier to the petitioners

with regard to the said measurement or enquiry.

Learned senior counsel for the petitioners, Mr. Anil Kumar has

further submitted, that father of the writ petitioners namely Nilkanth

Mehta was granted mining lease of stone with respect to Plot No.11372

(P) Area 2.50 A