RANCHI, India, Jan. 13 -- Jharkhand High Court issued the following order on Dec. 13:
1. This writ petition is under Article 226 of the Constitution of India seeking for the following reliefs: -
(i) For issuance of an appropriate writ, order or direction particularly writ of certiorari for quashing the letter No. 1055 dated 01.08.2025 (Annexure14) issued by the Sand In-Charge, JSMDC whereby and whereunder the Letter of Intent being LOI No. 1107 dated 05.10.2023 as well as the Agreement dated 19.01.2024 executed in favour of the petitioner by the JSMDC has been cancelled in terms of the Sand Mining Rules, 2025.
And
ii) For issuance of an appropriate writ, order or direction for declaring that Mining Developer cum Operator (MDO) Agreement, dated 19.01.2024 (Annexure-8) executed between the petitioner and respondent-JSMDC, in relation to Koreyamohanpal and Subarnrekha Sand Ghat, situated at Mouza Koreyamohanpal, District East Singhbhum, having an area of 46.30 hectares, shall be deemed to be valid for a period of five years as per the Agreement in terms of Rule 20(1) of Jharkhand Sand Mining Rules, 2025.
And
(iii) For issuance of further appropriate writ/order/direction, restraining the respondent authorities from interfering with the Koreyamohanpal and Subarnrekha Sand Ghat which has been allotted to the petitioner as an 'MDO' in respect of the said Sand Ghat situated at Mouza Koreyamohanpal, District East Singhbhum, having an area of 46.30 hectares during the tenure of the Agreement dated 19.01.2024.
And
(iv) For issuance of an appropriate writ/order/direction for quashing/setting aside the Notification dated 30th September, 2022 (Annexure-12), to the extent it declares Jharkhand State Mineral Development Corporation as Deemed Lessee of all Sand Ghats only up to 15th August, 2025, as opposed to being declared as Deemed Lessee of Sand Ghats for a period of five years from the date of operation of Sand Ghats, as being violative of Rule 12(4) of Jharkhand Minor Mineral Concession (Second Amendment) Rules, 2017."
2. The brief facts of the case, as per the pleading made in the writ petition, requires to be enumerated, which read as under: -
3. The petitioner-company applied for empanelment as MDO. Thereupon, the In-charge, Sand, JSMDC vide letter no. 1297 dated 05.07.2022 empaneled the petitioner as Mine Developer-cum-Operator [MDO] for category-B sand ghats.
4. The State has come out with notification dated 31st March, 2022 in which it has been provided the process of settlement of Sand Ghat in favour of MDO would be carried out through Nodal Agencies ie., Deputy Commissioner of each District of State of Jharkhand where Sand Ghats are located through JSMDC.
5. Consequent upon the aforesaid resolution, steps were taken by the Nodal Officer, i.e., the Deputy Commissioner of each district for settlement of Sand Ghat in favour of empanelled MDO and and accordingly, Notice Inviting Tender No. JSR/SAND/02/03 dated 08.06.2023 was issued pertaining to Sand Ghats, namely, Koreyamohanpal and Subernrekha Sand Ghat, Block Gurabanda, District East Singhbhum for an area of 46.30 hectares.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x8YXzj9eckIpd2NzZGnGtYmchxwAdRBsns9cliO9VQBM&caseno=WPC/7186/2025&cCode=1&cino=JHHC010330912025&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
