STATE Vs. THE UNION OF INDIA THROUGH THE MINISTRY OF MINES AND STEEL
LAWS(JHAR)-2016-10-82
HIGH COURT OF JHARKHAND
Decided on October 06,2016

STATE Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Mr. Aparesh Kumar Singh, J. - (1.) Common issues are involved in all these writ petitions. Therefore, they have been heard together and are being decided by this common judgment.
(2.) In all these writ petitions, petitioners' application for renewal of lease has been rejected by separate orders dated 01.04.2016 passed by the Department of Industries, Mines and Geology, Government of Jharkhand. Consequent thereto, petitioners have been asked to hand over the possession of leased area to Mines Department, failing which steps would be taken to take possession of the lease hold property by the State authorities. The lease area have thereafter been made open for Public Auction by Gazette Notification.
(3.) Petitioners have questioned the exercise of such power on the part of the State Government after coming into force of the Mines and Minerals (Development and Regulation) (Amendment) Act, 2015 (hereinafter to be referred as 'Amendment Act, 2015') and the judgment rendered by the Apex Court in the case of Common Cause v. Union of India & Ors in Writ Petition (Civil) No. 114 of 2014 and Writ Petition (Civil) No. 194 of 2014 dated 04.04.2016 . Petitioners have accordingly assailed the impugned orders of rejection of their renewal application. They have also assailed the Gazette Notification issued thereafter making the leasehold area open for public auction.;


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