Hemant Kumar Poddar vs The State Of Jharkhand Through Its Chief ...
2025 Latest Caselaw 4004 Jhar

Jharkhand High Court

Hemant Kumar Poddar vs The State Of Jharkhand Through Its Chief ... on 17 June, 2025

Author: Rajesh Shankar

Bench: Rajesh Shankar

                                                                2025:JHHC:15783-DB


                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               W.P.(C) No. 4575 of 2019
                Hemant Kumar Poddar, S/o Krishna Kumar Poddar, R/o Poddar
                Niket, Near Central Academy School, Bariatu, Ranchi
                                                         ...    ...      Petitioner
                                                Versus
                1. The State of Jharkhand through its Chief Secretary, Department
                   of Industries, Mines & Geology, Government of Jharkhand,
                   Ranchi
                2. The Secretary, Department of Industries, Mines & Geology,
                   Government of Jharkhand, Ranchi
                3. The District Mining Officer, Palamau
                4. The Certificate Officer (Mines), Palamau Circle, Daltonganj
                                                         ...    ...      Respondents
                                                 -----

CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner : Mr. N.K. Pasari, Advocate For the Respondents : Mr. Ratnesh Kumar, SC (L&C)-I

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05/17.06.2025 Heard both sides.

2. The issue raised in the writ petition is covered by the

judgment rendered on 04.03.2025 in W.P.(C) No. 3399 of 2019 and

other analogous cases and it was held in the said judgment that the

District Mining Officer has no jurisdiction to exercise the power

conferred by the State Government under Section 21(5) of the

Mines & Minerals (Development & Regulation) Act, 1957 and make

recovery from the persons like the petitioner, who have been

granted mining leases, price of the mineral.

3. In view of the aforesaid judgment, the writ petition is

allowed as prayed.

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

(Rajesh Shankar, J.) Manish/Ritesh