Jharkhand High Court
M/S Shipra Power And Fuel Pvt. Ltd vs The State Of Jharkhand on 3 April, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
2025:JHHC:10248-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 6155 of 2023
M/s Shipra Power and Fuel Pvt. Ltd., a Company incorporated under
the Companies Act, 1956 having its registered office at Flat 'F', South
Patel Nagar, P.O. Ranjeet Nagar, P.S. Patel Nagar, District New
Delhi, through its Director, Santosh Kumar, aged about 54 years, son
of Late Hiralal, resident of 21, Vidya Niwas, Purulia Road, Ranchi,
P.O. G.P.O and P.S. Kotwali, District- Ranchi, Jharkhand
... ... ... ... ... ... Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Industry, Mines
& Geology, officiating at Nepal House, P.O. Doranda, P.S. Doranda,
District Ranchi, Jharkhand.
2. The Secretary, Revenue, Registration and Land Reforms,
Government of Jharkhand, having its office at Project Building, P.O.
Dhurwa, P.S. Jaganathpur, District Ranchi, Jharkhand.
3. Secretary, Department of Forest Environment and Climate Change,
Nepal House, Doranda, Ranchi, Climate Change, Government of
Jharkhand having its office at Nepal House, P.O. Doranda, P.S.
Doranda, District Ranchi, Jharkhand.
4. The Director (Mines), having its office at Nepal House, Ρ.Ο.
Doranda, P.S. Doranda, District Ranchi, Jharkhand.
5. The Deputy Commissioner, Chatra, P.O., P.S. and District Chatra,
Jharkhand.
6. The District Mining Officer, Chatra, P.O., P.S. and District Chatra,
Jharkhand.
... ... ... Respondents
With
W.P.(C) No. 6125 of 2023
M/s Buddha Smriti Mining Infracon Pvt. Ltd. having its registered office
at Flat-F, 2nd Floor, South Patel Nagar, New Delhi, P.O. South Patel
Nagar and P.S. South Patel Nagar, District- New Delhi, through its
Director Santosh Kumar, aged about 54 years, son of Late Hiralal,
resident of 21, Vidya Niwas, Purulia Road, Ranchi, P.O. G.P.O and
P.S. Kotwali, District- Ranchi, Jharkhand.
... ... ... ... ... ... Petitioner
Versus
1. The State of Jharkhand represented through Principal
Secretary, Department of Mines and Geology, Government of
Jharkhand, P.O. & P.S. Doranda, District Ranchi, Jharkhand.
Page 1 of 3
2025:JHHC:10248-DB
2. The Secretary, Department of Forest, Environment & Climate
Change, Government of Jharkhand, Nepal House, P.O. & P.S.
Doranda, District Ranchi, Jharkhand.
3. The Secretary, Department of Revenue, Registration & Land
Reforms, Government of Jharkhand, Project Bhawan, P.O. & P.S.
Dhurwa, District Ranchi, Jharkhand.
4. The Mines Commissioner, Ranchi having its office at Nepal House,
Doranda, P.O. Doranda and P.S. Doranda, District- Ranchi,
Jharkhand.
5. The Deputy Commissioner and District Magistrate, Chatra, P.O.
Chatra & P.S. Chatra, District -Chatra, Jharkhand.
6. The District Mining Officer, Chatra, P.O. Chatra & P.S. Chatra,
District -Chatra, Jharkhand. ... ... ... Respondents
---------
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE DEEPAK ROSHAN
---------
For the Petitioners: Mr. Indrajit Sinha, Advocate
Mr. Ankit Vishal, Advocate
For the Respondents: Mr. Piyush Chitresh, A.C. to A.G.
Mr. Gaurav Raj, A.C. to A.A.G.-II
---------
09/Dated: 03.04.2025
1) The petitioners in both these cases had been granted mining
leases on 29.03.2016.
2) The Deputy Commissioner and District Magistrate, Chatra on
01.02.2021 pre maturely cancelled the said leases invoking
power under section 27(2) of the Jharkhand Minor Minerals
Concession Rules, 2004.
3) Challenging the same, the petitioners filed the revision before
the Mines Commissioner, Ranchi, Jharkhand.
4) The same was also rejected on 28.03.2023 by the Mines
Commissioner and the same was communicated on 17.07.2023
under the signature of the Under Secretary, Department of
Mines and Geology, Government of Jharkhand.
2025:JHHC:10248-DB
5) Counsel for the petitioners placed reliance on the judgment dt.
06.02.2025 in W.P.(C) No. 88 of 2024 in which it was held that
the Deputy Commissioner has no power to cancel mining lease
granted to a lessee at a premature stage unless and until there
is a violation of the terms and conditions of the mining leases.
6) It was held therein that under section 4A(2) of the Mines and
Minerals (Development and Regulation) Act, 1957 only the
State Government is vested with the power to cancel the mining
lease at a pre-mature stage when it is in public interest.
7) Rule 27(1) of the Jharkhand Minor Minerals Concession Rules,
2004 also reiterates the same legal position.
8) Counsel for the respondents does not dispute this legal
position.
9) Therefore, these writ petitions are allowed and the orders dt.
01.02.2021 of the Deputy Commissioner, Chatra as well as the
order dt. 28.03.2023 of the Mines Commissioner, Ranchi in the
revisions preferred by the respective petitioners against the
order of the Deputy Commissioner are both set aside by
following the judgment dt. 06.02.2025 in W.P. (C) No. 88 of
2024.
10) Liberty is granted to the competent authority to take action in
accordance with law against the respective petitioners, if they
are so advised.
(M.S. Ramachandra Rao, C.J.)
(Deepak Roshan, J.)
Sharda/MM/
Cp.02
