Maps Mines and Minerals Ltd. v. State of Jharkhand
2016-04-04
APARESH KUMAR SINGH
body2016
DigiLaw.ai
ORDER : Heard learned counsel for the parties. 2. Petitioner had a Dealers' license under Jharkhand Mineral Dealers Rules, 2007 for stock, sale and trade of iron ore minerals for the period 15.05.2010 to 12.11.2014 vide Annexure-1 license dated 15.05.2010 issued by District Mining Officer, Chaibasa. 3. Petitioner had transit challans in their favour as specifically stated at para-19 of the writ petition as also stated at para-9 of the 2nd supplementary counter affidavit of respondent nos. 1 to 5 filed on 21.05.2015. The license is in respect of plot nos. 728 and 729 for an area of 0.54 acres of land in Mouza Mahudi at Noamundi circle in West Singhbhum district. The petitioner contends that there are no case of illegal storage, transportation or trade on its part and the FIR lodged by the district authorities are also not in relation to plot nos. 728 and 729 under license to the petitioner but the petitioner was not allowed to lift iron ore from those plots by use of police force. 4. Respondents in their retort through their counter affidavit and supplementary counter affidavit submit that huge stock of iron ore illegally kept was seized by the district administration on 02.04.2010 from different areas and plots including iron ore of the petitioner deposited on plot nos. 702, 710 and 718 besides noamundi railway siding, which was not including in the license area of the petitioner. It is also pointed out that District Mining Officer, after due enquiry vide order dated 24.04.2014 amended vide memo no 851 dated 03.05.2010 directed the petitioner to compound the case under Section 23 A (2) of the MMDR Act, 1957 while imposing a fine of Rs. 25,000/-, Annexure-B and C to 2nd supplementary counter affidavit. Petitioner did compound the offence by depositing Rs. 25,000/-and iron ore of 1569.350 Metric Ton was released in favour of the petitioner. Seized illegal iron ore from the aforesaid plots led to institution of FIR being Noamundi P. S. Case No. 09 of 2011 dated 10.02.2011. 5. The respondents contend that the matter was enquired into by the Special Committee of Jharkhand Legislative Assembly. By the order of Deputy Commissioner, West Singhbhum, Chaibasa dated 10.10.2012, a joint measurement and verification of seized iron ore deposited/kept at Bokaro Siding and line no.
5. The respondents contend that the matter was enquired into by the Special Committee of Jharkhand Legislative Assembly. By the order of Deputy Commissioner, West Singhbhum, Chaibasa dated 10.10.2012, a joint measurement and verification of seized iron ore deposited/kept at Bokaro Siding and line no. 5 of Noamundi Station and contiguous places were made in presence of Sub Divisional Officer, Jagannathpur, Circle Officer, Noamundi, District Mining Officer, Chaibasa and Others on 13.10.2012 and 16.10.2012. As per the measurement and verification report, iron ore deposited/kept by the petitioner on plot nos. 728/729, 728/730, 728/731, 728/732 and 728/733 were measured and verified and iron ore weighing 1811.870 Metric Ton were lying on plot nos. 728 and 729. Joint measurement report has shown illegal deposit of iron ore on plot nos. 730, 731, 732 and 733 for which no license has been issued to the petitioner. 6. Petitioner in his rejoinder disowned any responsibility of iron ore lying on plot nos. 730, 731, 732 and 733 as reflected in joint measurement report. They have also disowned any ownership or claim of iron ore deposited in Plot nos. 702, 710 and 718 of Noamundi Railway Siding stating that they do not form part of the licensed area of the petitioner. 7. These are relevant factual details of the matter. There are no documents on record to substantiate the contention of the petitioner that iron ore lying on plot nos. 727 and 728 were illegally prevented from being lifted. Petitioner has approached learned Chief Judicial Magistrate, Chaibasa for release of seized iron ore in Misc (P) Case no. 06 of 2013, which was refused vide order dated 19.06.2013, Annexure-10 that there is no locus standi to seek such release. This apparently was on the submission of learned APP that seized iron ore were in relation to theft of 7000 Metric Ton iron ore but the petitioner's case is something different and there is no case pending for him to seek release of iron ore as claimed by him on plot nos. 727 and 728. That order is not challenged in any forum. 8. Petitioner also seems to have approached before the Commissioner, Kolhan Division through representation for release of iron ore.
727 and 728. That order is not challenged in any forum. 8. Petitioner also seems to have approached before the Commissioner, Kolhan Division through representation for release of iron ore. Annexure-11 is the communication addressed to the Deputy Commissioner, West Singhbhum, Chaibasa by the Commissioner, Kolhan Division, Chaibasa dated 01.08.2013 inter alia observing that there are no FIR or criminal prosecution or any matter pending before the Mines Department against the petitioner. Petitioner on the basis of his monthly return has shown deposit of 2145.670 Metric Ton of iron ore legally on plot nos. 728 and 729 and that transit challans have been issued by the Mines Department in respect of that. The Commissioner, Kolhan Division, Chaibasa requested the Deputy Commissioner, West Singhbhum to take a considered decision in the matter. 9. Petitioner's license got lapsed on 11.11.2014 and has been refused renewal vide Annexure-A to the 2nd supplementary counter affidavit vide letter no. 1696 dated 31.10.2014 on the ground of failure to make an application for renewal within stipulated period i.e. between 90 to 180 days prior to expiry of lease in terms of Rule 5(3) of Jharkhand Mineral Dealers Rules, 2007. That order is under challenge in connected writ petition i.e. W. P. (C) No. 4927 of 2015 by the petitioner. As has been pointed out by learned counsel for the State and not disputed by the petitioner, there is an alternative remedy of appeal against such rejection under Jharkhand Mineral Dealers Rules, 2007 itself vide Rule 11 and 12 which provides for appeal/revision. 10. In the background of aforesaid facts, now the stand of the respondent-State is that petitioner can not in any way lift iron ore from the said plots as he has no valid Dealers' license. Plea of the petitioner in this writ petition is, therefore, mixed with question relating to renewal of his dealer license, which has expired on 11.11.2014. 11. The maze of the relevant facts taken note of in the aforesaid preceding paragraphs of the order, lead the Court to the conclusion that petitioner in first place is required to take resort to the statutory remedy available under Jharkhand Mineral Dealers Rules, 2007 by approaching before the appellate/revisional authority for renewal of his license or to seek issuance of a fresh license, if permissible under the Rules of 2007.
The plea of the petitioner to lift iron ore lying idle on plot nos. 728 and 729 would then be open for consideration before the competent authority/Deputy Commissioner, West Singhbhum. 12. Needless to say, on issuance or renewal of a Dealers' license in favour of the petitioner as aforesaid and on any such application made, the competent authority would consider the aforesaid plea of the petitioner for lifting of iron ore lying on plot nos. 728 and 729 for an area of 0.54 acres of land in Mouza Mahudi at Noamundi circle in West Singhbhum district in accordance with law and after due consideration of all relevant attendant material facts. 13. The writ petitions are accordingly, disposed of with the aforesaid observation. Petition disposed of.