Jharkhand High Court
Shailesh Kumar vs The State Of Jharkhand on 14 August, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
2025:JHHC:23683-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.1968 of 2025
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Shailesh Kumar, aged about 45 years, Son of Late Saryu Singh,
Resident of House no.09, Sundarlal Mishra Road, Near Kali Mandir,
Caslair Town, P.O., P.S. Deoghar & District Deoghar
.... .... Petitioner
Versus
1. The State of Jharkhand.
2. The Secretary, Department of Mines and Geology, Government of
Jharkhand, Project Building, P.O. & P.S. -Dhurwa, District -
Ranchi.
3. The Director Mines, Department of Mines and Geology,
Government of Jharkhand, Nepal House, P.O. & P.S. Doranda,
District - Ranchi.
4. The Deputy Commissioner, Deoghar, having its office at District
Collectorate Deoghar, P.O., P.S. Deoghar & District Deoghar.
5. The District Mining Officer Deoghar, having its office at District
Collectorate Deoghar, P.O., P.S. Deoghar & District Deoghar.
6. The Assistant Mining Officer, Deoghar, having its office at District
Collectorate Deoghar, P.O., P.S. Deoghar & District Deoghar.
..... .... Respondents
CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the Petitioner : Ms. Tanya Singh, Advocate
For the State : Mr. Shray Mishra, AC to AG
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05/Dated: 14.08.2025
1. The instant writ petition has been filed under Article 226 of the
Constitution of India seeking therein for the following reliefs: -
(i) For issuance of a writ of certiorari
quashing the letter contained in memo no. 444
dated 10.08.2020 (Annexure-3) issued under
the pen and signature of District Mining Officer,
Deoghar whereby and whereunder an
erroneous decision has been taken to reject the
petitioner's application for renewal of mining
lease pertaining to Bargunia Stone Mines
situated at Plot no. 446 at Village Bargunia,
2025:JHHC:23683-DB
District Deoghar that too by wrongly relying
upon Rule 9 (1) (chha) of the Jharkhand Minor
Mineral Concession Rules 2004 which is wholly
illegal and unlawful in view of the fact that Rule
9 (1) (chha) no where stipulates that renewal of
mining lease is impermissible instead it merely
states that the period of approved/renewed
mining lease on government area and Raiyati
area of more than 05.00 hectare area, if their
approval/renewal period is after 31st March,
2020, then their period will remain valid till the
period of their approval/ renewal.
(ii) For directing the respondents particularly
respondent no. 4 to 6 to renew the mining lease
of the petitioner in relation to Bargunia Stone
Mines situated at Plot no. 446 at Village
Bargunia, P.O., P.S. Madhupur & District
Deoghar in furtherance to the mining license
already granted to the petitioner and also taking
into consideration Rule 23 of the Jharkhand
Minor Mineral Concession Rules 2004.
2. Learned counsel for the petitioner has submitted that the authority
concerned while passing the impugned order dated 10.08.2020 has
not appreciated the fact in right perspective.
3. Mr. Shray Mishra, learned AC to AG appearing for the respondent-
State that the similar issue has already been decided by the
Coordinate Bench of this Court in W.P.(C) No.3560 of 2025 on
08.08.2025.
4. Submission therefore has been made that the present writ petition
2025:JHHC:23683-DB
may also be disposed of in terms of the said judgment passed by
this Court.
5. We have considered the arguments advanced on behalf of the
parties and perused the judgment passed by the Coordinate
Bench of this Court dated 08.08.2025.
6. We, after going through the prayer and pleadings made in the writ
petition, as also, the judgment dated 08.08.2025 passed in
W.P.(C) No.3560 of 2025, have found that the issue, which is the
subject matter of the present writ petition, has already been
decided by the Coordinate Bench of this Court in the aforesaid
judgment.
7. Accordingly, the instant writ petition is dismissed, in terms of the
judgment dated 08.08.2025 passed in W.P.(C) No.3560 of 2025.
8. In consequence thereof, pending interlocutory application(s), if
any, stands disposed of.
(Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.)
Rohit/-
