PRAKASH CHANDRA CHOUDHARY Vs. STATE OF JHARKHAND : MINES COMMISSIONER, JHARKHAND : DEPUTY COMMISSIONER, PAKUR : ASSISTANT MINING OFFICER, PAKUR

JUDGEMENT

(1.) HEARD Shri Kanti Kumar Ojha, learned counsel for the petitioner and JC to SC (Mines for the respondent State.

(2.) THE petitioner in this writ application, has prayed for quashing the order dated 24.9.2005 passed by the Mines Commissioner, Jharkhand (Respondent No. 2) in Revision Case No. 79 of 2003, whereby the revision filed by the petitioner against the order dated 1.7.2003 passed by the Deputy Commissioner, Pakur (Respondent No. 3) prematurely cancelling the petitioner's mining lease, was dismissed..

(3.) FROM the stand taken by the respondents in their counter affidavit, it appears that there is no infirmity or illegality in the orders passed by the Deputy Commissioner, whereby the petitioner's mining lease was cancelled and neither in the order of the Revisional Authority. It is sought to be explained that an FIR was lodged against the petitioner and several other mining lease holders when it was found that they were using explosive substance in their mining operations without obtaining the requisite licence for use of explosives. Investigation report confirmed that the petitioner and several other mining lease holders had committed the offence and on the basis of charge sheet, they were criminally prosecuted. On the basis of the investigation report, decision taken was taken by the Deputy Commissioner to cancel the mining lease of the petitioner.