JHARKHAND HIGH COURT ISSUES ORDER ON M/S. JHARKHAND MINOR MINERALS WORKS V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, Nov. 18 -- Jharkhand High Court issued the following order on Oct. 17:

1. This review petition has been filed for review of the order dated 11.07.2024 passed in W.P.(C) No.4008 of 2024 on the ground that due to inadvertence, the writ petition has been disposed of in terms of the judgment passed in W.P.(T) No. 1143 of 2021 and analogous cases [M/s B.D. Enterprises through its Proprietor Uma Shankar Singh Vs. Union of India & Ors.].

2. It has been contended that that the factual aspect involved in the present case is quite different to that of the factual aspect involved in the case of M/s B.D. Enterprises (supra), therefore the present review has been filed for review of the said order and in consequence thereof the revival of the writ petition, so that the writ petition may be heard on merit.

3. A counter affidavit has been filed on behalf of the State.

4. Mr. Shray Mishra, the learned State counsel has submitted by referring to paragraph-8 to the counter affidavit dated 23.06.2025 that the ground agitated in the instant review petition is correct and, as such, the State has come out with a view that the instant order needs to be reviewed.

5. We have heard the learned counsel for the parties.

6. The instant petition has been filed for review of the order dated 11.07.2024 passed in W.P.(C) No.4008 of 2024.

7. We are conscious regarding the scope of the review which can be exercised either in the case where there is any error apparent on the face of order or the factual aspect could not have been brought to the notice of Court in spite of due diligence, wherein, as would appear from the factual aspect, ought to going through the judgment passed in the case of M/s B.D. Enterprises (supra).

8. Having been accepted by the State in the counter affidavit at paragraph-8 that there is error apparent on the face of the order, this Court, therefore, is of the view that the present case comes under the fold of the scope of review, and as such, the said power is being exercised.

9. Accordingly, the order dated 11.07.2024 passed in W.P.(C) No.4008 of 2024 is being reviewed and recalled.

10. In consequence thereof, the writ petition being, W.P.(C) No. 4008 of 2024 is revived.

11. Let W.P.(C) No. 4008 of 2024 be listed before the appropriate Bench.

12. The instant review petition stands disposed of accordingly.

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