Jharkhand High Court
Panchanand Choudhary vs State Of Jharkhand & Ors on 26 June, 2012
Author: Narendra Nath Tiwari
Bench: Narendra Nath Tiwari
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.170 of 2012
Panchanand Choudhary. .......... Petitioner.
Versus
The State of Jharkhand & Ors. ........... Respondents.
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Petitioner : Mr. Sumeet Gadodia, Advocate
For the State : J.C. to A.G.
03/26.06.2012: In this writ petition, the petitioner has prayed for quashing the general notice dated 14th June, 2011 and also the letter dated 16th December, 2011 issued by the Respondent No.2.
According to the petitioner, Ramkol Sand Ghat in the district of Godda was allotted to him in a public auction. An agreement to that effect was entered into on 1st September, 2011. The petitioner started excavating sand from the said Ghat. For the purpose of transportation of sand, which is a minor mineral, statutory Form 'D' was issued from the office of the District Mining Officer, Godda. The petitioner applied for issuance of statutory Form 'D'. The said form was issued to the petitioner, but with a condition that the sand can be transported within Godda district. When the petitioner enquired about the said restriction, the general notice issued by the Deputy Commissioner dated 14th June, 2011 (Annexure5) was referred to and said to be the basis of such restriction. The respondents further issued Letter No.1739 dated 16th December, 2011 (Annexure6), whereby condition was imposed for lifting and loading sand by local labourers and preventing the use of machines. The petitioner has challenged the said general notice issued by the Deputy Commissioner (Annexure5) and the letter dated 16th December, 2011 (Annexure6) as violative of Article 19(1)(g) and 301 of the Constitution of India. On that ground, the petitioner has prayed for quashing the said Annexures5 and 6 of the writ petition.
The writ petition has been opposed by the respondents by filing counter affidavit. It has been stated that a general notice was issued on 14th June, 2011 before entering into the agreement with the petitioner, specifically bringing to the notice of all concerned that sand excavated from Ramkol Sand Ghat shall be sold within the territory of Godda district. The said condition was also 2 incorporated in Form 'D'. The petitioner with full knowledge of the said decision of the Deputy Commissioner entered into the agreement. Specific condition was also mentioned in the agreement that the decision of the Deputy Commissioner shall be binding. With the said condition, the petitioner had signed the agreement. The said decision of the Deputy Commissioner is, thus, binding on the petitioner. Further, a letter was issued by the Deputy Secretary of the Department of Mines and Geology, preventing the use of machine only in order to provide opportunity of employment to local labourers. The same has been issued as a welfare measure for the local labourers and the same does not violate any law. It has been submitted that the grounds taken by the petitioner are wholly frivolous and without any legal basis.
I have heard learned counsel for the parties and considered the facts and materials on record. On perusal of the documents brought on record, I find that the general notice (Annexure5) was issued by the Deputy Commissioner on 14th June, 2011. The petitioner had entered into the agreement regarding settlement of Sand Ghat on 1st September, 2011. In the agreement, in ParaVII, Clause3, it has been specifically mentioned that the decision of the Deputy Commissioner, Godda shall be binding. With the said decision and notice and specific Clause3 of PartVII, the petitioner has entered into the agreement. Once having accepted the said terms, the petitioner is estopped from challenging the decision/notice of the Deputy Commissioner (Annexure5). Annexure6 is a letter issued in the interest of the local labourers by way of welfare measure for the weaker section of society and the same is in consonance with the mandate of the Constitution of India.
I, therefore, find no element of violation of either Article 19(1)
(g) or 301 of the Constitution of India of any ground made out to interfere with the notice dated 14th June, 2011 (Annexure5) and letter dated 16th December, 2011 (Annexure6).
The writ petition is, accordingly, dismissed.
(Narendra Nath Tiwari, J.) Sanjay/