SHREE CHANDRASHEKHAR, J. - (1.) THIS writ petition has been filed with a prayer directing the respondentDistrict Mining Officer, West Singhbhum to issue Forwarding Notes forthwith for transportation of iron ore excavated and produced from Duragaiburu Iron Ore Mines.
(2.) BRIEFLY stated, the fact of the case may be summarised thus ; The petitioner Steel Authority of India Limited approached this Court in W.P.(C) No. 5368 of 2014 seeking a direction for issuance of an "Express Order" in terms of Section 8(3) of the Mines and Minerals (Development and Regulation) Act, 1957. By order dated 16.10.2010 an interim mandamus was issued to the respondentState of Jharkhand for taking a decision on the application seeking second renewal of the mining lease of Duragaiburu Iron Ore Mines. The State Government issued letter dated 22.10.2014 communicating its intention/decision to grant second renewal of the mining lease for the said mines, however, the State Government decided to seek unconditional acceptance of the conditions prescribed by it in letter dated 22.10.2014. The writ petitioner in the meantime preferred another writ petition being W.P.(C) No. 5640 of 2014 challenging imposition of the conditions, as illegal, void and inoperative besides being ultravires. Vide order dated 13.11.2014, the writ petition being W.P.(C) No. 5368 of 2014 was allowed directing the petitioner to submit an undertaking as indicated in order dated 13.11.2014. Upon submitting the undertaking by the petitioner, the State Government was directed to issue an order in terms of Section 8(3) of the MMDR Act, 1957. It was made clear in the said order that, if for any reason whatsoever an "Express Order" as directed by the Court is not issued, the petitionerSteel Authority of India Limited would be permitted to commence its mining operation and order dated 04.09.2014 would stand quashed. In view of the order passed by this Court on 13.11.2014, the petitioner submitted its undertaking on 18.11.2014 and subsequently, from 26.11.2014 it commenced its mining operation. However, even after commencing the mining operation, the respondent no. 3District Mining Officer when did not issue the Forwarding Note to the petitionercompany, several letters were issued to the respondent no. 3 and other concerned authorities. Due to non issuance of Forwarding Note, the petitionercompany is not able to transport the iron ore to its Plant and thus, order passed by this Court has been frustrated due to action/inaction on the part of the respondent no. 3.
(3.) HEARD the learned counsel appearing for the the parties. Mr. Maninder Singh, the learned ASGI submits that though, the action of the District Mining Officer in not issuing the Forwarding Note is per se contempt of the order passed by this Court on 13.11.2014 however, by way of abundant precaution, the petitioner has filed the present writ petition seeking a direction upon the respondent no. 3.;