D.N.PATEL,J. - (1.) This writ petition has been preferred for the following prayers: "That in the instant Writ Petition by way of Public Interest Litigation the Petitioner prays for issuance of appropriate Writ or Writs, direction or directions, order or orders commanding the Concern Respondents to fix rate of Royalty for the Coal extracted by the Land Owners from their own Private land by himself or through any Gram Sabha, within the State of Jharkhand because Hon'ble Supreme Court of India has already held that Land owner are proprietor of minerals obtaining in their land; AND Petitioner further prays for issuance of appropriate writ/writs, direction/directions, order/orders commanding the Concern Respondents to give permission/No objection Certificate to the Gram Sabha of Napokhurd to excavate coal from the land of Khata no. 221 Plot no. 2512 Thana No. 107, area 40 decimal, village Napokhurd, P.O.Golaibalia, P.S.Barkagao, District-Hazaribagh, which is a private land and land owner has already given his consent in this regard and Petitioner has already applied for permission to Concern Authority vide letter dated 15-04-2015 because it will be beneficial for the development of people of the Barkagao Circle."
(2.) Having heard counsels for both the sides and looking to the facts and circumstances of the case, it appears that this writ petition has been preferred mainly for the reason that there are few landlords, who are owners of the land which are mineral rich land and they want to extract the mineral and therefore, they are seeking direction upon the respondent-Government to fix the rate of royalty of coal etc. so that they can extract coal for their personal use.
(3.) Counsel for the petitioner after canvassing the aforesaid arguments has heavily relied upon a decision rendered by Hon'ble Supreme Court in the case of Thressiamma Jacob and others v. Geologist, Department of Mining and Geology and others reported in (2013) 9 SCC 725 , which is also annexed as Annexure-1 to this writ petition and more particularly reliances are placed upon paragraph nos. 57 and 58 thereof.;