GOPAL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, petitioners assail order dtd. 29/11/2024 passed by the District Mining Officer, Koderma refusing to grant renewal of the mining lease granted to the petitioners from 11/2/2015 to 10/2/2025.

(2.) In the impugned order, it is mentioned that because the land is Gair Majarua land and there is no provision for grant of renewal of mining lease for such a land, the application for renewal of mining lease is being rejected.

(3.) Learned counsel for the petitioners has placed before us Rule 23 of the Jharkhand Minor Mineral Concession Rules, 2004 which provides for renewal of mining lease. The said rule nowhere prohibits grant of renewal in respect of a mining lease of Gair Majarua land. When there is no such prohibition for renewal of a mining lease of such a category of land, the respondents cannot invent such a prohibition and seek to reject the renewal application of the petitioners.