Uma Kant Ray vs The State Of Jharkhand Through The ...
2025 Latest Caselaw 1413 Jhar

Jharkhand High Court

Uma Kant Ray vs The State Of Jharkhand Through The ... on 7 January, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   W.P.(Cr.) No. 906 of 2023
1. Uma Kant Ray, S/o Ganeshi Ray, R/o Ward No. 14, Dhepura,         P.O. and P.S.
   Dalsingh Sarai, District- Samastipur (Bihar).
2. Ranjit Kumar @ Ranjeet Kumar, S/o Suresh Kumar, R/o Ward No. 07, Karnauti,
   Manhar, P.O. and P.S. Manhar, District- Vaishali (Bihar).
                                                 ...     ... ... Petitioners
                             Versus
1. The State of Jharkhand through the Secretary, Home, Prison and Disaster
   Management, Government of Jharkhand, Project Bhawan, P.O. and P.S.
   Dhurwa, District-Ranchi.
2. The Secretary, Department of Mines and Geology, Government of Jharkhand,
   Nepal House, P.O. and P.S. Doranda, District-Ranchi.
3. The District Magistrate cum the Deputy Commissioner, Sahibganj, P.S., P.S.
   and District-Sahibganj.
4. The Superintendent of Police, Sahibganj, P.O., P.S. and District- Sahibganj.
5. The District Mining Officer, Sahibganj, P.O., P.S. and District- Sahibganj.
6. The Officer-in-Charge, Mirzachowki Police Station, P.O. and P.S. Mirzachowki,
   District- Sahibganj.
                                           ...      ...     ...   Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner : Mr. Ashish Kr. Thakur, Advocate Mr. Sudhanshu Shekhar Choudhary, Advocate Mr. Kabisha Goenka, Advocate Mr. Aman Shekhar, Advocate For the Resps. -State: Mr. Munna Lal Yadav, S.C. (L&C)-III

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06/Dated: 07.01.2025

The instant Writ Petition (Cr.) is covered by the judgment dated

22.07.2024 passed in W.P.(C) 6788 of 2023 and Anr., whereby this Court

had struck down Rule 11 (v) of the Jharkhand Mineral (Prevention of Illegal

Mining, Transportation and Storage) Rules, 2017.

Having regard to the said judgment passed by the Division Bench

which is binding to this bench, the instant Writ Petition (Cr.) is allowed, the

impugned order dated 05.10.2023 passed by the Sub-Divisional, Judicial

Magistrate, Sahibganj in Mirzachowki P.S. Case No.109 of 2022 is quashed

and the order dated 08.08.2023 passed in Confiscation Case No. 111/2022- 23 by the Court of District Magistrate-cum-Deputy Commissioner, Sahibganj,

is also quashed.

(M.S. Ramachandra Rao, C.J.)

(Gautam Kumar Choudhary, J.)

Pawan/Sandeep