M/S. Sri Durga Cement Co. Ltd vs The State Of Jharkhand
2025 Latest Caselaw 4093 Jhar

Jharkhand High Court

M/S. Sri Durga Cement Co. Ltd vs The State Of Jharkhand on 19 June, 2025

Author: Rajesh Shankar

Bench: Rajesh Shankar

                                                                   2025:JHHC:16085-DB




                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              W.P. (C) No. 3574 of 2018
                                        With
                              W.P. (C) No. 3564 of 2018
           M/S. Sri Durga Cement Co. Ltd., having its registered office at
           Village-Hesla, P.O.-Ramgarh Cantt., District-Ramgarh, through its
           Executive Director, Sri Naresh Kumar Iyengar, son of Late A.K.
           Iyengar, R/o Bharechnagar, Ramgarh Cantonment, P.O.-
           Bharechnagar, P.S.-Kujju, District-Ramgarh
                                                        ... ... ... ... Petitioner
                                       Versus
        1. The State of Jharkhand, through its Chief Secretary, Department
           of Industries, Mines & Geology, Government of Jharkhand,
           Ranchi
        2. Secretary, Department of Industries, Mines & Geology,
           Government of Jharkhand, Ranchi
        3. District Mining Officer, Department of Mines & Geology,
           Government of Jharkhand, Hazaribagh
        4. Assistant Mining Officer, Department of Mines & Geology,
           Government of Jharkhand, Hazaribagh
                                                        ... ... ... Respondents
                                      -----

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

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For the Petitioner: Mr. Shubham Choudhary, A.C. to N.K. Pasari, Advocate For the State: Mr. Yogesh Modi, A.C. to A.A.G.-IA

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04/19.06.2025

1. Heard both sides.

2. The issue raised in these writ petitions 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

2025:JHHC:16085-DB

like the petitioner, who have been granted mining leases,

price of the mineral.

3. In view of the aforesaid judgment, these writ petitions are

allowed as prayed.

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

Satish/Vikas/- (RAJESH SHANKAR, J)