- (1.) In this writ petition, the petitioner has prayed for quashing the letter no.134 dated 17.01.2012, issued by respondent no.2, whereby Agreement No.20 of 2011 dated 04.05.2011 with regard to the mining of Bishrampur-Mahugain-Tulbula Graphite mines has been terminated with immediate effect and the earnest money deposited by the petitioner was directed to be refunded. The petitioner has also prayed for a direction on the respondent nos. 1 & 2 to expedite the forest clearance/permission of Stage I & II and to complete other required legal formalities, so that the petitioner may be able to start mining work in accordance with the terms of the Agreement no.20 of 2011.
(2.) The case of the petitioner, in brief, is that Jharkhand State Mineral Development Corporation Limited(JSMDC for short) invited tender from reputed concern for hiring of equipment for mining of minimum 2000 tonnes of Graphite lumps per month from its Mahugain-Tulbula lease hold area and purchasing the same. The petitioner, who is well established in the field of mining, beneficiation and marketing of Graphite, submitted tender with all the relevant documents. Respondent no.3 was also one of the participants in the tender process. After scrutiny, the petitioner was declared successful and was allotted the work. The petitioner was then asked to enter into an agreement. Accordingly, Agreement dated 04.05.2011 was executed in between the petitioner and the Managing Director of respondent-JSMDC.
(3.) Clause-14(1) of the Agreement provided that the work of mining is to be started within 30 days from issuance of work order or singing of the agreement after forest clearance of Stage I & II from the Forest Department, whichever is later. The forest clearance was to be obtained by the respondents. In the said clause, it was clearly provided that Gestation period would start after 30 days of commencement of work.;