JHARKHAND HIGH COURT ISSUES ORDER ON SMT. BEENA PANI AGRAWAL V/S THE UNION OF INDIA AND ORS.

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

1. This writ petition has been filed under Article 226 of the Constitution of India seeking therein the following reliefs:-

a. "For the issuance of an appropriate writ(s), order(s), direction(s), particularly a writ of certiorari for quashing and setting aside the impugned order dated 11.05.2023 (Annexure-6) passed by the learned Joint Secretary and Revisional Authority in Revision Application No. 06/13/2019/RC-I as being unjust, unreasonable, arbitrary, contrary to the settled principles of law and judicial pronouncements."

2. One of the grounds has been taken by the writ petitioner is error in jurisdiction. The District Mining Officer is having no jurisdiction to raise demand as per the provision provided under Section 21(5) of the Mines and Mineral (Development and Regulation) Act, 1957.

3. Learned counsel appearing for the petitioner has submitted that now the power has been delegated by the State Government to the different authorities vide notification dated 06.05.2025.

4. As per the petitioner, the jurisdiction conferred is upon the District Mining Officer to look into the matter. The order has been passed by the District Mining Officer at the time when the jurisdiction has not been conferred, as has been held by the Co-ordinate Division Bench of this Court vide order dated 04.03.2025 passed in WP(C) No. 3399 of 2019 & batch cases.

5. Hence, the submission has been made to remit the matter before the District Mining Officer of the concerned district.

6. The learned counsel appearing for the State has submitted that the matter may be remitted before the authority conferred with the power vide notification dated 06.05.2025.

7. We have heard the learned counsel for the parties and on appreciation of the submission made on their behalf, is of the view that the State Government through the Mines and Geology Department has come out with the notification in exercise of power conferred under Section 26(2) of the MMDR Act, 1957 conferring power to the authority depending upon the territorial jurisdiction wherein, the demand seems to be confined to the area of the district and as such the District/Assistant Mining Officer has the jurisdiction in pursuance to the aforesaid notification.

8. The demand notice so issued dated 17.06.2019 and revisional authority order dated 11.05.2023, in view of the lack of jurisdiction as has been decided by the Co-ordinate Division Bench of this Court is hereby quashed and set aside.

9. The matter is remitted before the District Mining Officer to pass order, afresh.

10. Such order is to be passed within a period of three months from the date of receipt of copy of this order in accordance with law.

11. This writ petition stands disposed of.

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