Jharkhand High Court
Smt. Pushpa Gouri Vyas vs The State Of Jharkhand & Others on 8 December, 2021
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C) No. 2052 of 2020
Smt. Pushpa Gouri Vyas .... .. ... Petitioner
Versus
The State of Jharkhand & Others .. ... ... Respondents
With
W.P.(C) No. 2064 of 2020
Smt. Pushpa Gouri Vyas .... .. ... Petitioner
Versus
The State of Jharkhand & Others .. ... ... Respondents
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through :- Video Conferencing) .........
For the Petitioner : Mr. Shankar Lal Agarwal, Advocate For the Respondent- State : Mr. Deepankar, A.C. to A.G. ......
04/ 08.12.2021.
Heard, learned counsel for the parties.
Three writ petitions are tagged together i.e. W.P.(C) No.2047 of 2010, W.P. (C) No.2052 of 2020 and W.P.(C) No.2064 of 2020, but W.P.(C) No.2047 of 2010 has already been disposed of today itself, as such, W.P.(C) No.2052 of 2020 and W.P.(C) No.2064 of 2020 are tagged together.
Learned counsel for the petitioner, Mr. Shankar Lal Agarwal has submitted that Smt. Pushpa Gouri Vyas has preferred W.P.(C) No.2052/2020 before this Court for quashing the letter No.285/M, dated 19.05.2020 issued by District Mining Officer, Saraikela-Kharswan whereby and whereunder he has been pleased to direct the petitioner to pay a sum of Rs.13,49,173/- being the dues towards Dead Rent in respect of Quartz and Quartzite mineral situated at Village Darimachh in the District of Saraikela-Kharswan having an area of 19,632 Hectares.
Smt. Pushpa Gouri Vyas has also preferred another Writ Petition being W.P.(C) No.2064/2020 for quashing the letter No.293/M, dated 27.05.2020 issued by the District Mining Officer, Seraikella Kharsawan issuing notice under Rule 27(5) and 28(4) of the Mineral Concession Rule, 1960 asking her why not her mining patta be cancelled for violation of terms and conditions of the lease agreement.
Learned counsel for the petitioner has submitted that both writ petitions are with regard to the mining department where the claim has been made by the mining department and in those cases respondent-State has been asked to file counter-affidavit, but they have not filed counter-affidavit in both cases.
-2-Learned counsel for the respondent-State, Mr. Deepankar, A.C. to A.G. has submitted that he will file counter-affidavit within a period of two weeks.
Considering the same, this Court directs learned counsel for the respondent-State to file counter-affidavit within a period of two weeks, failing which the State can only file counter-affidavit at the cost of Rs.25,000/- as earlier the co-ordinate Bench of this Court has granted time vide order dated 23.11.2020 in W.P.(C) No.2052 of 2020 and vide order dated 21.10.2020 in W.P.(C) No.2064 of 2020 to file counter-affidavit.
Put up these cases after two weeks.
(Kailash Prasad Deo, J.) R.S.