Jharkhand High Court
Sociedade De Fomento Industrial Pvt. ... vs State Of Jharkhand & Ors. ... ... Opp. ... on 2 November, 2022
Author: Ravi Ranjan
Bench: Chief Justice, Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (C) No. 562 of 2022
Sociedade De Fomento Industrial Pvt. Ltd. and Anr.
..... ..... Petitioner
Versus
State of Jharkhand & Ors. ... ... Opp. Parties
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioner : Mr. M.S. Mittal, Sr. Advocate
: Mr. Salona Mittal, Advocate
For the Opp. Parties : Mr. P.A.S. Pati, G.A-II
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Oral Order 05/Dated: 02.11.2022 It is very unfortunate that despite the indulgence granted on earlier occasions neither the S.L.P has been filed nor the concerned order has been complied.
The matter was taken yesterday also. We passed the order, repeated the thing but on the prayer of the learned counsel for the State the matter was listed to be taken up today by way of last indulgence.
Today again similar stand is being taken that S.L.P is being filed which has already been taken in paragraph 12 of the affidavit dated 15.09.2022. We are not at all impressed with such type of shirking stand every time taken by the State authorities.
It is repeatedly being said that though orders have been passed to bring a stay order but the limitation for filing the S.L.P will expire on 24.11.2022 therefore, till then the matter should not be heard.
We are making it clear that the conduct of the authorities was not up to the mark which would be apparent from the previous orders, as even after the order passed by this Court and for non compliance of which this contempt petition is being filed, an order was passed on 12.09.2022 by which they initiated the process for opening the initial -2- price under the third attempt contrary to the direction passed by this Court in L.P.A. No.165 of 2022.
Then Mr. Vijay Kumar Ojha, Director (Geology) had appeared before us and submitted that Annexure-3 has already been recalled by the State authority so far as the Lodhapat Bauxite Block is concerned. However, the same was not recalled rather the same was postponed. Then again on 21.09.2022 a detailed order was passed by us directing the State to proceed in accordance with law or bring a stay order from the Hon'ble Supreme Court as it was pointed out that they are intending to file the S.L.P. In such a matter in which such type of conduct has been shown by the State authorities and which has led this Court to pass further directions, the State authorities appear to be so lethargic and unconcerned that they have not even filed the S.L.P till date and perhaps they are waiting for the last date of expiry of limitation.
However, if such is the stand, then let them file a detailed affidavit tomorrow which should reflect their stand.
The Secretary, Department of Mines and Geology should be ready with this affidavit which should be filed on his behalf while appearing before this Court tomorrow (03.11.2022) in this contempt matter to explain the conduct.
Put up this case tomorrow (03.11.2022) as a first case.
(Dr. Ravi Ranjan, C.J.) (Sujit Narayan Prasad, J.) APK/Saket