MAA DURGA STONE WORKS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ petition has been filed, under Article 226 of the Constitution of India, for the following relief:

(2.) The matter was taken up on 28/7/2025, to which one of us [Sujit Narayan Prasad, J] was a member. On the said date following order was passed:

(3.) Pursuant thereto, an Interlocutory Application being I.A. No. 14290 of 2025 has been filed by the petitioner making a prayer for recall of order dtd. 28/7/2025, inter alia, on the ground that the decision which has been sought to be quashed has been passed by the authority who was having no jurisdiction to exercise the said power, which has been admitted by the State by issuance of notification as contained in Memo No. 01/2025 -1072 dtd. 6/5/2025. Another ground has been taken that this Court vide order dtd. 26/9/2025 passed in W.P. (C) No. 1011 of 2025 [Md. Moktar Momin Vs. The State of Jharkhand & Ors.] has held that to impose penalty under Rule 54(6) of the JMMC Rules, 2004, power has been conferred upon the authorities i.e., Director, Mines; Additional Director, Mines for the entire State of Jharkhand; and Deputy Director, District/Assistant Mining Officer, of its jurisdiction, by virtue of Notification dtd. 6/5/2025, and, there was no such power to the District Mining Officer prior to the issuance of the said notification by the State of Jharkhand.