VIKAS STONE WORKS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is aggrieved by and prayed for quashing of the order of the Deputy Commissioner, Sahebganj whereby the Deputy Commissioner has rejected the petitioner's application for renewal of licence and also by the order dated 27.02.2003 passed by the Mines Commissioner, Jharkhand, Ranchi whereby the Mines Commissioner has remitted the matter to the Deputy Commissioner for fresh consideration. The petitioner has also prayed for quashing the order dated 24.04.2010 whereby the mining lease of the land in question has been granted in favour of respondent nos. 5 and 6.

(2.) According to the petitioner, revision was preferred against the order dated 14.07.2005 whereby prayer for renewal of lease was rejected by the Deputy Commissioner being Revision Case No. 60 of 2005. The said revision was disposed at by order dated 27.02.2008 by remitting the matter to the Deputy Commissioner, Sahebganj for fresh consideration in view of the new facts raised by the intervenor -respondent nos. 5 & 6 When the Deputy Commissioner did not pass any order, the said intervenor-respondent nos. 5 & 6 filed writ petition, before this Court being W. P. (C) No. 5521 of 2006 with a prayer for directing the Deputy Commissioner to dispose of the matter By the impugned order dated 24.04.2010, the Deputy Commissioner has passed order rejecting the petitioner's application for renewal of lease as well as granting lease of the land in favour of the respondent nos. 5.

(3.) Mr. Kalayan Roy, learned counsel appearing on behalf of the petitioner submitted that the impugned order is wholly arbitrary and illegal. The decision was taken in haste under the pressure of the Court without giving any opportunity of hearing and placing materials to the petition. The said order is thus liable to be quashed.