NILAMBAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Mrs. A.R. Choudhary, learned counsel appearing for the writ petitioner and learned Government Pleader No. 2 appearing for the respondents -State.

(2.) THE writ petition was filed by the petitioners for quashing the letter dated 17.2.2003 and the order dated 24.5.2003 passed by the respondents whereby the mining lease granted in favour of the petitioner was terminated.

(3.) THE respondents appeared and filed counter -affidavit and the matter was heard on several dates. The Deputy Commissioner in his counter -affidavit took the stand that the land falls within the area of Wild Life Sanctuary and therefore, it was rightly cancelled by the respondents after giving show cause notice and opportunity of hearing to the petitioners. On 6.11.2003 after hearing the parties this Court directed the Deputy Commissioner to bring all necessary documents to show as to how the termination of lease can be justified. The Deputy Commissioner was also directed to produce the notification by which the land in question was declared as a Wild Life Sanctuary. Instead of filing affidavit a statement of fact prepared by the Divisional Forest Officer was produced before the Court wherein it was mentioned that the land in question is not a notified forest land. This Court therefore by order dated 19.12.2003 quashed the order of termination of lease and proceeded against the officers of the respondents for filing perfunctory affidavit.