- (1.) I.A. No. 6193 of 2014 This application has been filed seeking amendment in the prayer clause of the writ petition for incorporating the following prayers: (iii) A further writ/order/direction particularly a writ of or in the nature of Mandamus be issued commanding upon the respondents to issue a formal order in terms of Section 8(3) of Mines and Minerals (Development and Regulation) Act, 1957 as the State Government has already formed an opinion that it is in the interest of mineral development to renew the mining lease of the petitioner for Dhobil Mining Lease in Manoharpur Ore Mines, Chiria, West Singhbum; (iv) A further writ in the nature of Mandamus be issued commanding upon the respondents to execute the renewed mining lease deed in favour of the petitioner for Dhobil Mining Lease in Manoharpur Mines, Chiria, West Singhbhum; (v) A further writ/order/Direction for quashing the orders dated 03.09.2014 and 04.09.2014 issued by the State of Jharkhand on the basis of amendment in Rule 24(A)6 of MCR, 1960 whereby mining operations were stopped in the lease(s) where on the basis of deemed extension of leases under second and subsequent renewals, mining was being done". A further prayer for amending the interim prayer portion of the writ petition has been made which reads as under: "and an interim Writ of Mandamus be issued commanding upon the respondents to forthwith issue an formal order in terms of Section 8(3) of the Mines and Minerals (Development and Regulation) Act, 1957 and further be pleased to stay the operation of the orders dated 03.09.2014 and 04.09.2014."
(2.) Mr. Maninder Singh, the learned Additional Solicitor General of India appearing for the petitionerSAIL, submits that though the State Government has already issued order under Section 8(3) of Mines and Minerals (Development and Regulation) Act, 1957 vide letter dated 22.10.2014, a fact which has been admitted in paragraph no. 10 of the counteraffidavit dated 26.11.2014, still to avoid any technical objection raised by the respondentState of Jharkhand, the petitioner has filed the present application seeking incorporation of the aforesaid prayers in the writ petition. It is further submitted that in so far as, amendment in interim prayer is concerned, the petitioner has already made a prayer for permitting the petitionerSAIL to continue mining operations in Dhobil Mining Lease of Manoharpur Ore Mines.
(3.) In opposition, Mr. Jai Prakash, the learned AdvocateGeneral appearing for the State of Jharkhand raises objection with respect to incorporation of prayer no. 1.(v) in I.A. No. 6193 of 2014 and submits that in the entire writ petition, no foundational facts have been pleaded by the petitioner for a relief as sought to be incorporated vide prayer no. 1.(v). It is further submitted that the amendment in the interim relief portion also cannot be allowed in so far as, it relates to a prayer seeking stay of operation of orders dated 03.09.2014 and 04.09.2014.;