- (1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction against the respondents restraining them from granting mining lease with respect to "Ghatkuri Iron Ore Area" in the district of West Singhbhum to any other private sector enterprise/companies. It has further been prayed to recall/rescind the Gazette Notification dated 27.10.2006 issued in terms of Section 17 A of Mines and Minerals (Development & Regulation) Act, 1957.
(2.) ANOTHER prayer which has been made in the writ petition is to direct the respondents to file before this Court the affidavit dated 15.12.2008, filed by the State of Jharkhand before the Honoble Supreme Court in the pending S.L.P. (Civil) No. 8434 of 2007 and analogous cases. The main contention raised by the counsel for the petitioner is that if the Government of Jharkhand wishes to allot mines to private companies, the same be done by allowing equal playing field to all private companies, who have entered into a memorandum of understanding with the State Government for setting up of integrated Steel Plants, by.inviting applications afresh after recalling I rescinding the aforesaid Gazette Notification dated 27.10.2006. The Counsel for the petitioner has referred to and relied upon an interim order passed by the Honoble Supreme Court in the pending S.L.P. (Civil) No. 8434 of 2007 and other analogous cases, wherein, vide order dated 15.12.2008 the Honoble Supreme Court was pleased to direct the State Government to send its recommendation to the Central Government in the light of its affidavit filed. It has also observed that the order shall not in any way affect those, who were not parties before the High Court.
(3.) I have considered the submissions as well as the pleadings of the rival parties. It appears that the relief sought in the present writ petition is actually pending adjudication before the Honoble Supreme Court in S.L.P. (C) No. 8434 of 2007 and other analogous cases and a protection has also been extended to those who were not parties before the High Court.;