Jharkhand High Court
M/S Ma Gayatri Minerals Through Its ... vs State Of Jharkhand on 12 April, 2018
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 598 of 2017
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M/s Ma Gayatri Minerals through its partners namely, (1)Anil Kumar Vyas, son of Om Prakash Vyas resident of ITI College Road, P.O. Pachamba, P.S. and District- Giridih. (2)Laxmi Shankar son of Kailash Pati Sahu resident of Lokaya, P.O. and P.S. Lokaya Nayantara, District- Giridih.
............ Petitioners.
-Versus-
1. State of Jharkhand
2. Secretary, Department of Mines Govt. of Jharkhand, Project Bhawan, P.O. Dhurwa, P.S. Jaganathpur, District- Ranchi.
3. Deputy Commissioner, Giridih,. P.S.-Sadar, P.O. & District- Giridih
4. Director (Mines), Department of Mines and Geology, Project Bhawan, P.O. Dhurwa, P.S. Jaganathpur, District- Ranchi.
5. District Mining Officer, Giridih, P.S. Sadar, P.O. & District- Giridih ... ...Respondents.
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
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For the Petitioner(s) : Mr. Vikash Kishore, Advocate
For the respondents : Mr. Srijit Choudhary, Sr. S.C.-III.
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02/12.04.2018: In view of nature of order, which I intend to pass in this
writ petition, it is not necessary to direct the respondent authorities to file counter affidavit. Further in view of the fact that the writ petition was filed on 2.2.2017, but even after serving a copy of this brief, a year has elapsed, but no counter affidavit has been filed, I do not feel to call for any affidavit in opposition.
The petitioners, in this writ petition, have prayed for a direction upon the respondents from this Court to grant mining lease/licence to the petitioner for mining of Minor Minerals i.e. Mica, Quartz and Felspar within Plot No.1, Khata No. 1, Area 25 acres of Mauza-Sakham, Thana No. 27, Village Gawan within the District of Giridih.
Counsel for the petitioners submits that at this stage, it will be suffice if a direction is given to respondent No. 3- the Deputy Commissioner, Giridih, to take appropriate decision on the application of the petitioners, which the petitioners have filed for grant of prospecting licence for mining of Minor Minerals i.e. Mica, Quartz and Felspar within Plot No.1, Khata No. 1, Area 25 acres of Mauza-Sakham, Thana No. 27, Village Gawan within the District of Giridih. He further submits that the application is pending before respondent No. 2 since 2012.
Mr. Srijit Choudhary, learned Sr. S.C.-III submits that the concerned respondent will take appropriate decision on the application of the petitioners, if the decision has not yet been taken till date.
Taking into consideration the nature of the prayer made by the petitioners, I direct respondent No. 3- the Deputy Commissioner, Giridih to pass an appropriate order on the application for grant of prospecting licence for mining of Minor Minerals i.e. Mica, Quartz and Felspar within Plot No.1, Khata No. 1, Area 25 acres of Mauza-Sakham, Thana No. 27, Village Gawan within the District of Giridih within a period of two months from the date of receipt of a copy of this order.
With the aforesaid observation and direction, this writ petition stands disposed of.
(ANANDA SEN , J) Anu/C.P.-2