M/S Rajhans Refractories Private ... vs The State Of Jharkhand Through Its Chief ... on 4 March, 2025

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Jharkhand High Court

M/S Rajhans Refractories Private ... vs The State Of Jharkhand Through Its Chief ... on 4 March, 2025

Bench: Deepak Roshan

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
            W.P.(C) No.3399 of 2019
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M/S Rajhans Refractories Private Limited, through its director Gaurish Sachdeva, aged about 33 years son of Late Navin Sachdeva, resident of Sant Niwas, Raj Ganj Road, P.O. Katras, P.S. Katras, District Dhanbad. .... Petitioner Versus

1. The State of Jharkhand through its Chief Secretary, Government of Jharkhand, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi.

2. Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District Ranchi.

3. District Mining Officer, Gumla, P.O. Gumla, P.S. Gumla, District Gumla. ...... Respondents with W.P.(C) No. 7016 of 2017

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Steel Authority of India Limited, having its registered office at Ispat Bhawan, Lodhi Road, P.O. Lodhi Road, P.S. Lodhi Road, New Delhi 110003 and having one of its Unit known as Raw Materials Division, having office at Ispat Bhawan, at Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi 834002, through Assistant Manager (Liaison), Shri Kameshwar Prasad, son of late Sudist Narayan Sinha, resident of Qr. No. A-88, SAIL Satellite Township, P.O. Dhurwa, P.S. Jagannathpur, District-Ranchi.

... ... Petitioner Versus

1. State of Jharkhand, through its Chief Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi.

2. District Mining Officer, Chaibasa, P.O. Chaibasa, P.S. Chaibasa, District- District- West Singhbhum.

3. District Mining Officer, Garhwa, P.O. Garhwa, P.S. Garhwa, District- District- Garhwa.

4. Union of India through Secretary to the Government of India, Ministry of Mines, Shastri Bhawan, Dr. Rajendra Page 1 of 15 Prasad Road, P.O. Shastri Bhawan, P.S. Shastri Bhawan, New Delhi. ...... Respondents with W.P.(C) No.7219 of 2017

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M/s USHA MARTIN LIMITED, a company registered under the Companies Act, 1956 having its Registered office at 2A, Shakespeare Sarani, P.O. & P.S.-Kolkata, Kolkata-700 071 through its President, Mines Shri K.K. Dave, son of Shri Nand Kishore Dave, Resident of G-402, Hariom Tower Residency Complex, P.O. & P.S. Lalpur, District-Ranchi, Jharkhand. ... ... Petitioner Versus

1. The State of Jharkhand, through its Secretary, Department of Mines, Geology & Industries, Government of Jharkhand, Nepal House, Doranda, Ranchi, P.O. & P.S. Doranda, District-Ranchi.

2. The Director, Department of Mines, Geology & Industries, Government of Jharkhand, Nepal House, Doranda, Ranchi, P.O. & P.S. Doranda, District-Ranchi.

3. District Mining Officer, Chaibasa, P.O. & P.S. Chaibasa, District-Singhbhum West. ...... Respondents with W.P.(C) No. 7286 of 2017

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M/s. Hindalco Industries Limited, having its office at Hindalco Complex, Court Road, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga, through its President (Mines)-Shri Bijesh Kumar Jha, son of Shri S.N.Jha, resident of Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga ... ... Petitioner Versus

2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi.

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3. Assistant Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga. ... Respondents with W.P.(C) No.7318 of 2017

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M/s. Hindalco Industries Limited, having its office at Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga, through its Authorized Signatory-Shri Bijesh Kumar Jha, son of Shri S.N.Jha, resident of Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga ... ... Petitioner Versus

2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi.

3. District Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga

4. Assistant Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga. ... Respondents with W.P.(C) No.7319 of 2017

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2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi.

3. District Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga

4. Assistant Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga. ... Respondents with W.P.(C) No.7320 of 2017

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1. The State of Jharkhand, through its Chief Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi.

2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi.

3. District Mining Officer, Gumla, P.O. Gumla, P.S. Gumla, District-Gumla

4. Assistant Mining Officer, Gumla, P.O. Gumla, P.S. Gumla, District-Gumla ...... Respondents with W.P.(C) No.7321 of 2017

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M/s. Hindalco Industries Limited, having its office at Hindalco Complex, Court Road, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga, through its President (Mines)-Shri Bijesh Kumar Jha, son of Shri S.N.Jha, Page 4 of 15 resident of Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District-Lohardaga ... ... Petitioner Versus

2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi.

3. District Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga

4. Assistant Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga. ... Respondents with W.P.(C) No.7322 of 2017

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2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi.

3. District Mining Officer, Gumla, P.O. Gumla, P.S. Gumla, District-Gumla

4. Assistant Mining Officer, Gumla, P.O. Gumla, P.S. Gumla, District-Gumla ...... Respondents with W.P.(C) No.7323 of 2017 Page 5 of 15

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2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi.

3. District Mining Officer, Gumla, P.O. Gumla, P.S. Gumla, District-Gumla

4. Assistant Mining Officer, Gumla, P.O. Gumla, P.S. Gumla, District-Gumla ...... Respondents with W.P.(C) No.7324 of 2017

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2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi.

3. District Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga Page 6 of 15

4. Assistant Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga. ... Respondents with W.P.(C) No.7325 of 2017

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2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi.

3. District Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga

4. Assistant Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga. ... Respondents with W.P.(C) No.7326 of 2017

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M/s Minerals and Minerals Limited, a company incorporated under the provision of Companies Act 1956 and its wholly subsidiary of Hindalco Industries Limited, having its office at Hindalco Complex, Court Road, P.Ο. Lohardaga, P.S. Lohardaga, District Lohardaga, through its Agent (Mines) - Shri Bijesh Kumar Jha, son of Shri S.N. Jha, resident of Hindalco Complex, P.O. Lohardaga, P.S. Lohardaga, District Lohardaga. ... ... Petitioner Versus

1. State of Jharkhand, through its Chief Secretary, Department of Industries, Mines & Geology, Government of Page 7 of 15 Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi.

2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi.

3. District Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga

4. Assistant Mining Officer, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District- Lohardaga. ... Respondents ...... Respondents with W.P.(C) No.7327 of 2017

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2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi.

3. District Mining Officer, Gumla, P.O. Gumla, P.S. Gumla, District-Gumla

4. Assistant Mining Officer, Gumla, P.O. Gumla, P.S. Gumla, District-Gumla ...... Respondents with Cont. Case (Civil) No. 43 of 2018

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Court on its own motion ... ... Petitioner Versus Page 8 of 15

1. Mr. Sunil Kumar Barnwal, Secretary, Department of Industries, Mines and Geology, Government of Jharkhand, Nepal House, P.O. & P.S. Doranda, District-Ranchi.

2. Mr. Niranjan Prasad, Assistant Mining Officer, Lohardaga, P.O., P.S. & District-Lohardaga.

...... Opposite parties

3. The State of Jharkhand ... Proforma Opposite Party

4. M/s. Hindalco Industries Limited, Hindalco Complex, P.O., P.S. & District-Lohardaga.

Writ petitioner/ Proforma Opposite Party with W.P.(C) No.5684 of 2018

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ACC Limited (formerly known as Associated Cement Companies Limited), having its registered office at Cement House, 121, Maharshi Karve Road, P.O. & P.S.-Karve Road, District-Mumbai-400020 having its unit at Chaibasa Cement Works, Chaibasa, P.O. & P.S.-Jhinkpani, District- West Singhbhum; through its Senior General Manager- Legal Ajay Kumar Saha, aged about 52 years, son of Shri Rabindra Nath Saha, having address as Ambuja Neotia Eco Center, 15th Floor Unit No.1501 & 1502 EM-4, Sector-V Salt Lake City, P.O.-Bidhan Nagar, P.S.-Sector-V Salt Lake, District- Kolkata-700091 (West Bengal). ... Petitioner Versus

1. State of Jharkhand; through its Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O.- Dhurwa, P.S.-Jagarnathpur, District-Ranchi.

2. The Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O.-Dhurwa, P.S.- Jagarnathpur, District-Ranchi.

3. District Mining Officer, District Mining Office, Kutchery, P.O.-G.P.O., P.S.-Kotwali, District Ranchi.

4. Assistant Mining Officer, District Mining Office, Ranchi, Kutchery, P.O.-G.P.O., P.S.-Kotwali, District Ranchi;

5. Union of India through its Secretary, Ministry of Mines, Government of India, Shastri Bhawan, Dr.Rajendra Prasad Page 9 of 15 Road, P.O.-Shastri Bhawan, P.S.-Shastri Bhawan, District-

New Delhi.                          ......     Respondents

                        with
                W.P.(C) No.5692 of 2018
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2. The Secretary, Department of Industries, Mines & Geology, Government of Jharkhand, Ranchi, having its office at Project Building, Dhurwa, P.O.-Dhurwa, P.S.- Jagarnathpur, District-Ranchi.

3. District Mining Officer, District Mining Office, Kutchery, P.O.-G.P.O., P.S.-Kotwali, District Ranchi.

4. Assistant Mining Officer, District Mining Office, Ranchi, Kutchery, P.O.-G.P.O., P.S.-Kotwali, District Ranchi;

5. Union of India through its Secretary, Ministry of Mines, Government of India, Shastri Bhawan, Dr.Rajendra Prasad Road, P.O.-Shastri Bhawan, P.S.-Shastri Bhawan, District-

New Delhi.                              ......      Respondents

                        with
                W.P.(C) No.3875 of 2021
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Girish Kumar Popat, aged about 55 years, son of Late Bhaichand Bhai Popat, resident of Court Road, Near Page 10 of 15 Palmerganj Chowk, P.O. & P.S. Lohardaga, District-

Lohardaga                              ... ... Petitioner
                           Versus

1. The Union of India, through the Secretary, Ministry of Mines and Steel, Sashtri Bhawan, P.O. Sashtri Bhawan, P.S. Parliament Street, NCT of New Delhi.

2. The State of Jharkhand through the Secretary, Department of Mines & Geology, Government of Jharkhand, having office at Nepal House, Doranda, P.O. & P.S. Doranda, District-Ranchi.

3. The District Mining Officer, Gumla, P.O. & P.S. Gumla, District-Gumla. ...... Respondents with L.P.A. No. 48 of 2022

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Sri Madhusudan Singhania, aged about 89 years, son of Late Bajranglal Singhania, being the sole proprietor of Singhania Commercial Company, having its office at 6B, Clive Row, Ground Floor, Kolkata, P.O. Kolkata, P.S. Kolkata, District-Kolkata (West Bengal), Kolkata 700001 through his Power of Attorney Holder, Mr. Avinash Prasad, son of late Rambilash Prasad, aged about 30 years, resident of Bandel South Naldanga, Hugli-Chinsurah (m), Hoogly, P.O. Bandel Bazar, P.S. Chinsurah, District-Hoogly, West Bengal-712123. ... ... Appellant Versus

1. The State of Jharkhand through the Secretary, Mines Department, Department of Industries, Mines & Geology, 3rd Floor, Nepal House, Doranda, P.O.Doranda, P.S. Doranda, District-Ranchi-834002.

2. District Mining Officer, Palamau, P.O. Medini Nagar, P.S. Medini Nagar, District-Palamau. ...... Respondents with L.P.A. No. 105 of 2022

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Padam Kumar Jain, aged about 73 years Son of Late Harak Chand Jain, resident of Gandhi Tola, P.O. Chaibasa, P.S. Page 11 of 15 Chaibasa (Sadar), District-Singhbhum West/Jharkhand.

                                      ...    ... Appellant
                           Versus

2. Secretary, Department of Industries Mines & Geology, Government of Jharkhand, Ranchi, having its office at Nepal House, Doranda, P.O. Doranda, P.S. Doranda, District-Ranchi.

3. District Mining Officer, Chaibasa, P.O. Chaibasa, P.S. Chaibasa, District- District-Singhbhum West.

                                      ......     Respondents

                        with
                W.P.(C) No.771 of 2022
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M/s. Khatau Liladhar Thacker, a partnership firm registered under the Indian Partnership Act, 1932, having its office at and P.O. and P.S. Gua, District-West Singhbhum represented through one of its partners, Vikram Atha, son of Sri Mahesh Kumar Atha, aged about 42 years, resident of Gua, P.O. & P.S. Gua, District-West Singbhum, Jharkhand. ... ... Petitioner Versus

1. The Union of India through the Secretary, Ministry of Mines and Steel, Sashtri Bhawan, P.O Sashtri Bhawan, P.S. Parliament Street, NCT of New Delhi.

2. The State of Jharkhand through the Secretary, Department of Mines & Geology, Government of Jharkhand, having Office at Nepal House, Doranda, P.O. & P.S. Doranda, District Ranchi.

3. The District Mining Officer, West Singhbhum, P.O. & P.S. Chaibasa, District West Singhbhum.

...... Respondents

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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK ROSHAN

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Page 12 of 15

For the Petitioner(s) : Mr. Indrajit Sinha, Advocate Mr. Arindam Ghosh, Advocate Mr. Ajay Kumar Sah, Advocate Mr. Anoop Kumar Mehta, Advocate Mr. Manish Kumar, Advocate Mr. Pratyush, Advocate Mr. Ramit Satender, Advocate Mr. Krishanu Ray, Advocate Mr. Saurav Arun, Advocate For the State : Mr. Jai Prakash, A.A.G.-IA Ms. Omiya Anusha, A.C. to AAG-IA (in all these cases) Mr. Shashank Saurav, A.C. to G.P.-III Mr. Mukul Kr. Singh, A.C. to G.P.-III Mr. Sahbaj Akhtar, A.C. to AAG-III Mr. Manish Kumar, Sr. S.C.-II Mr. Ashwini Bhushan, A.C. to Sr. S.C.-II For the UOI : Mr. Anil Kumar, A.S.G.I Mr. Abhijeet Kumar Singh, C.G.C

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13/04.03.2025 M.S. Ramachandra Rao, C.J., (Oral) The issue raised in all these writ petitions is whether the District Mining Officer is empowered to pass an order under Section 21(5) of the Mines & Minerals (Development & Regulation) Act, 1957 and recover from the persons, who have been granted mining leases, price of the mineral or not.

2. Admittedly, the power under Section 21(5) to do so is vested in the State Government.

3. Under Section 26(2) of the said Act, the State Government is enabled by notification in the official gazette to delegate any power exercisable by it under the statute in Page 13 of 15 relation to matters and subject to certain conditions, if any, as may be specified in the notification to its officer or authority subordinate to the State Government as may be specified in the notification.

4. Petitioners contend that there is no such notification published in the Official Gazette delegating the power under Section 21(5) by the State Government to any officer including the District Mining Officer.

5. Counsel for the respondents has produced a proceeding dt. 02.07.2005 issued by the Governor of the State of Jharkhand conferring jurisdiction on the District Mining Officer in regard to assessment of "royalty" and its realization for the purposes of Section 24 of the Statute.

There is no reference in this notification to sub-section (5) of Section 21 of the Act or to the delegation of the power conferred on the State Government under that provision to the District Mining Officer.

In the absence of such a delegation by the State Government to the District Mining Officer of the power under Section 21(5) of the Act, the District Mining Officer has no jurisdiction to exercise such a power and demand from the petitioners, by invoking Section 21(5), price of the mineral which is said to have been disposed of by the respective petitioners.

Page 14 of 15

6. In this view of the matter, these writ petitions are allowed and the impugned demand notices issued by the respective District Mining Officers to the petitioners under Section 21 (5) of the Act are all set aside. Liberty is however granted to the respondents for demanding and collecting the same through the designated authority under the Statute.

7. Amounts deposited by the petitioners with the respondents during the pendency of the writ petitions shall be refunded to the petitioners within eight weeks from the date of receipt of copy of this order.

8. The above sums will be refunded by the State Government with the interest rate 7% per annum from the date of making of such deposit till the date of actual refund to the petitioners.

9. All other points raised by the petitioners in the writ petitions are left open.

(M.S. Ramachandra Rao, C.J.) (Deepak Roshan, J.) Fahim/Amardeep Page 15 of 15

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