MANDAL KISKU STONE WORKS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the direction has been sought for quashing the letter bearing No. 2558/M dtd. 9/10/2018 whereby and whereunder the petitioner has been directed to remove all materials, machineries and minerals from the worksite situated within Saharanpur-Jamrupani Coal Block within a period of 30 days.

(2.) The brief facts of the case of the petitioner as per the pleadings made in the writ petitions is that, in pursuance to the provisions applicable for issuance of licence for crusher units or carrying out mining work, they have made an application before the competent authority on the basis of an agreement entered in between the petitioner as well as the raiyats who have allowed them to carry out the mining work/crusher units over the land in question. In pursuance thereto, the licences issued which are valid upto 31/3/2022 but during its subsistence period, without following any procedure of law, impugned decision has come on 10/12/2018 directing the petitioner to remove all equipments and infrastructures lying over the land in question, failing which, appropriate action would be taken against them.

(3.) The ground for assailing the aforesaid order is that the Director (Mines), Jharkhand has acted without jurisdiction and before issuing the said order, the statutory provision provided under the statute, under which the licences have been issued, has not been followed, therefore, there is violation of principles of natural justice.