JUDGEMENT
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(1.) The present writ petition has
been preferred for the following reliefs:-
A. For issuance of an appropriate writ and/or
writs of and/or in the nature of Mandamus commanding respondent Nos. 1 to 7 to
declare that the application of petitioner No.1
for grant of prospecting license for mining
the Ankua Iron Ore Mines has been made on
20th March 2007 and not on 28th March 2007.
B. For issuance of an appropriate writ and/or
writs or and/or in the nature of Mandamus commanding respondent Nos. 1 to 7 to
declare that the application of petitioner No.
1 for grant of prospecting license for mining
the Ankua Iron Ore Mines has been made
within time and for a direction upon the said
respondents to consider and allow the same.
C. For issuance of an appropriate writ and/or
writs of and/or in the nature of Mandamus commanding respondent Nos. 3 to 7 to
recommend the case of petitioner No. 1 to
respondent Nos. 1 and 2 for grant of prospecting lease for mining the Ankua Iron Ore Mines.
D. For issuance of an appropriate writ or
writs of and/or in the nature of Mandamus
commanding respondent Nos. 1 & 2 to grant
prospecting license to petitioner No. 1 for
mining the Ankua Iron Ore Mines.
E. For issuance of an appropriate writ or
writs of and/or in the nature of Mandamus
commanding respondent Nos. 1 to 7 to treat
all applicants for grant of prospecting license
in respect of Ankua Iron Ore Mines equally
and without any discrimination.
F. For issuance of an appropriate writ or
writs of and/or in the nature of Prohibition
restraining the respondent Nos. 1 to 7 from
permitting respondent Nos. 8, 9 and 10 to
carry on any mining activities of any nature
whatsoever at the Ankua Iron Ore Mines.
G. For issuance of an appropriate writ or
writs of and / or in the nature of Prohibition
restraining respondent Nps. 1 to 7 from giving any effect or further effect to the
decision taken to award any prospecting license
in favour of respondent Nos. 8, 9 and 10 in
respect of the Ankua Iron Ore Mines.
H. For issuance of an appropriate writ or
writs of and / or in the nature of Prohibition
restraining respondent Nos. 8, 9 and 10 from
acting upon and / or in furtherance of any
prospecting license granted in favour of respondent Nos. 8, 9 and 10 for mining the
Ankua Iron Ore Mines.
I. For issuance of an appropriate writ or
writs of and / or in the nature of Certiorari
commanding respondent Nos. 1 to 7 to certify and produce all
necessary documents before this Hon'ble Court so that conscionable
justice may be done upon perusal thereof.
(2.) Before dealing with the merits of the
matter and the facts of the case it is necessary to bring on record the
details of the respondents arrayed in the present writ petition as there has been subsequent impleadment as well as deletion from time to time.
Respondent Nos. 1 & 2 is Union of India
whereas respondent Nos. 3 to 7 represents
the State of Jharkhand. Respondent Nos. 8
to 10 are the private respondents namely Tata
Steel Limited, M/s. Jindal Steel Limited and
M/s. Essar Steel (Jharkhand) Ltd. respectively. Subsequently M/s. JSW Steel Limited
preferred an LA. No. 3031 of 2007 for intervention and they were added as respondent
No. 11. However, in reply to the I.A. the petitioner made a categorical statement that no
relief has been claimed against them and they
are not the contesting parties and thus they
can be deleted. The matter came up for hearing on 3.9.2008 and the learned counsel for
the petitioner Mr. Joy Saha made an oral
prayer to delete Respondent No. 9 also. An
order was passed deleting the name of respondent No. 10 from the memo of parties
and the second I.A.No. 1935 of 2008 was
accordingly disposed of. Likewise today the
counsel for the petitioner in view of its own
affidavit in reply to the I.A. No. 3031 of 2007
preferred by JSW Steel Limited prays to delete them from the array of respondent as no
relief has been claimed against them. Considering the aforesaid facts, respondent No.
11 and respondent No. 9 as prayed for are
also deleted. Thus the only contesting private respondent left is M/s. Tata Steel Limited as respondent No. 8.
(3.) The facts in brief are set out as under: -
In the instant case there is a serious dispute
with regard to the date on which petitioner
No. 1 applied for grant of prospecting license
for mining the Ankua Iron Ore Mines and
accordingly a declaration has been sought for
issuance of a writ of mandamus to declare
that the application of petitioner No. 1 for
prospecting license has been made on 28th
March, 2007 and not on 28th March, 2007.;
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