Research › Search › Judgment

Jharkhand High Court · body

2003 DIGILAW 166 (JHR)

Shailendra Kumar Singh v. State of Jharkhand

2003-02-03

SUDHANSU JYOTI MUKHOPADHAYA

body2003
Order Heard the parties, who agreed for disposal of the case at this stage. 2. The petitioner has challenged the office order contained in Memo no. 939 dated 26th November, 2002 issued by the Assistant Mining Officer, Giridih whereby and whereunder the claim of the petitioner for grant of mining lease was rejected on the ground that the raiyat has raised objection. 3. According to petitioner, the ground shown for rejection of mining lease is non est as no objection was raised by the raiyat. 4. The respondent no. 8, Dwarika Praganait @ Dwarika Ram Manjhi stated to be the raiyat of the land in question. The said respondent in his affidavit has stated that he has no grievance and objection, if the lease of the entire land in question is granted in favour of petitioner. 5. Having regard to the facts and circumstances, as certain factual aspect to be ascertained by the authorities, the case is remitted to the Deputy Commissioner, Giridih to re-consider the claim of petitioner for grant of mining lease over the land in question without taking into consideration the rejection order dated 26th November, 2002 and pass an appropriate order within two months from the date of receipt production of a copy of this order. 6. The petitioner may file a fresh representation along with a copy of this order whereupon the Deputy Commissioner, Giridih will enquire as to who is the landlord and whether he has actually any grievance, if lease is granted in favour of petitioner or not. If Dwarika Praganait @ Dwarika Ram Manjhi is found to be the landlord, then the said authority will take into consideration the stand taken by him before this Court. 7. This writ petition stands disposed of, with the aforesaid observations/directions.