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2011 DIGILAW 286 (JHR)

Krishna Minerals v. State of Jharkhand

2011-03-30

R.K.MERATHIA

body2011
Order Heard. 2. It is submitted by Mr. Mazumdar, learned Senior Counsel appearing for the petitioners in all the cases that notice dated 4.11.2010 was issued by the District Mining Officer, Chaibasa to the petitioners to show-cause as to why their registration be not cancelled in terms of the Jharkhand Minerals Dealers Rules, 2007. Though only three day's time was given, petitioners filed their respective show-causes, but without considering their explanations and without assigning any reason, their registrations have been cancelled by the impugned orders dated 3.12.2010 and that too, on the direction of the Deputy Commissioner and therefore, filing of appeal will also be an empty formality. He further submitted that in terms of Rule 8, at best penalty could be imposed for contravention of the provisions of the Rules or conditions of registration if any, but there is no provision for cancellation of registration. 3. In reply, Mr. Saurav Arun, learned counsel appearing for the respondents in all the cases, submitted that power to grant registration includes power to cancel the registration, as per Section 16 of the General Clauses Act. 4. In view of the order, I intend to pass, it is not necessary to decide in these cases as to whether the registration can be cancelled for violation of Rules and/or the terms and conditions of the registration or only penalty can be imposed. 5. It is apparent that the District Mining Officer has not considered and dealt with the explanations offered by the petitioners in their respective show-causes and no reasons have been assigned in the impugned orders for rejecting the show causes. It further appears that a raid/inspection was done on the direction of the Deputy Commissioner in which the alleged violations were found and therefore, it will not be proper to direct the petitioners to file appeal before the Deputy Commissioner. 6. In the circumstances, the impugned orders dated 3.12.2010 passed by the District Mining Officer, Chaibasa, are hereby set aside and the matter is remitted back. Petitioners may file supplementary show cause within two weeks from today: The District Mining Officer after considering the respective cases of the parties and without being prejudiced by any order/direction of the Deputy Commissioner, will pass a fresh order, in accordance with law, as early as possible and preferably within six weeks from today. With these observations and directions, these writ petitions stand disposed of.