AVIRAL PARWATI BHAGWATI MINERALS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the order dated 10.11.2017 passed in Revision Case No.03 of 2016 by Mines Commissioner, Ranchi has been assailed by which revision application preferred by the petitioner has been rejected by not allowing the petitioner to remove minerals which has been stopped in the lease area.

(2.) Mr. Ayush Aditya, learned counsel for the petitioner has submitted that there is no requirement to get an NOC for removal of minerals which has been stocked in the leased area wherein there is no operation of the mineral works but the authority without appreciating this aspect of the matter has rejected the revision.

(3.) Learned AC to learned AG appearing for the respondent-State of Jharkhand has submitted that the petitioner has approached to this Court on earlier occasion for removal of minerals which has been stocked in the leased area under the provision of Jharkhand Mineral Dealer's Rules which has been disposed of with a direction upon the petitioner to approach before the Jharkhand Pollution Control Board and satisfy the Board for getting the minerals removed.