IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 1769 of 2008
Sikandar Murmu Petitioner
Versus
The State of Jharkhand and others Respondents
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CORAM: The Hon'ble Mr. Justice D.G.R. Patnaik
For the Petitioner: Mr. Nityanand Pd. Choudhary, Advocate
For the Respondents: JC to SC (Mines)
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2. 22.04.2009
Petitioner in this writ application has raised his grievance against the
alleged inaction of the Committee headed by the respondent no. 6 which has been
constituted for the purpose of managing the Balughat of village Nayadih within
Narayanpur Block under the District Jamtara.
2. Heard learned counsel for the petitioner and the learned counsel for the
respondent State.
3. Learned counsel for the petitioner explains that the committee which has
been constituted and headed by the respondent no. 6, has not been functioning as
per Rule and Direction contained in Jharkhand Minor Mineral Concession Rules,
2004 and it has been functioning in most arbitrary and mala fide manner against
the Rules and the prescribed regulation. Learned counsel adds that the petitioner
along with several co-villagers had submitted their respective representations
before the competent authority namely, the respondent no. 3, Deputy
Commissioner, Jamtara for dissolving the old committee and constituting a fresh
committee for proper management of Nayadih Balughat, but the grievance of the
petitioner has not been redressed.
4. Counsel for the State submits that since the petitioner has already filed his
representation before the competent authority, decision of the competent authority
has to be awaited.
5. Considering the facts and circumstances, the petitioner is directed to file a
fresh representation before the respondent no. 3, stating his grievance and the
grounds in support of his claim, together with a copy of this order and, within two
months from the date of receipt of the representation, the respondent no. 3 shall
dispose of the representation of the petitioner by passing a reasoned and speaking
order and shall effectively communicate such decision to the petitioner.
With these observations, this writ application is disposed of.
Let a copy of this order be given to the learned counsel for the respondent
State.
(D.G.R. Patnaik, J)
Ranjeet/