ZORAWAR SINGH V. UT OF J AND K TH COMMISSIONER SECRETARY GEOLOGY AND MINING DEPARTMENT JAMMU AND ANOTHER

WP(C)/1135/2025

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The case involves Zorawar Singh, the petitioner, who successfully bid for a mining lease for Minor Minerals Block No. 34/JG in an e-Auction conducted by the respondents, UT of J&K. Despite fulfilling all financial obligations as the highest bidder, the respondents failed to issue a formal Letter of Intent/release order to the petitioner. The petitioner approached the court seeking a mandamus to compel the respondents to issue the necessary documentation to formalize the mining lease. The court, after considering the submissions and evidence presented, decided to direct the respondents to issue the Letter of Intent/release order, provided all legal and procedural requirements are met by the petitioner.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 725734 (HC-MISC)
• Appeal Type: Others
• Pronouncement Date: 30-05-2025
• Assessment Year: misc
• Laws Referred To: Article 226 of the Constitution of India
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: DEWAKAR SHARMA
• Assessee Lawyers: ANKUR SHARMA
• Keywords: E-auction; Letter of Intent; Mandamus; Mining lease; Minor minerals

Judgement Text

" HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1135/2025 Zorawar Singh …..Petitioner(s) Through: Mr. Ankur Sharma, Advocate Vs UT of J&K and Anr. .…. Respondent(s) Through: Mr. Dewakar Sharma, Dy. AG. Coram: HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE ORDER(ORAL) 30.05.2025 1. Through the medium of the instant petition filed under Article 226 of the Constitution of India, petitioner has sought the direction/writ in nature of mandamus for commanding the respondents to issue a formal Letter of Intent/ release order in his favour as being the successful highest bidder for Minor Minerals Block No. 34/JG. 2. The case of the petitioner in nutshell is that the respondent 2 issued a e-Auction Notice dated 24.01.2025 for grant of mining lease of minor mineral blocks for the period of five years in respect of District, Jammu, the process whereof was participated by him and he figured as the successful highest bidder in respect of minor mineral block No. 34/JG. That pursuant to his figuring as the successful bidder in the competent district level e-auction committee headed by the Deputy Commissioner, Jammu as Chairperson of the Committee issued a Communication bearing No. ADC/ADM/e-auction/2024-2025/591 dated 18.02.2025 to him intimating the fact of his being the successful highest bidder in respect of the Minor mineral block No. 34/JG. That through the said Communication, he was asked to deposited 50% of offered bid, i.e., Sr. No. 6 2 WP(C) No. 1135/2025 ₹40,90,775.00 (Rupees Forty Lakh ninety thousand seven hundred seventy five only) in the shape of CDR (Cash Deposit Receipt) pledged to Director Geology and Mining, J&K and 2% TCS amounting to ₹81,816.00/- on account of the 50% bid amount in the shape of DD in favour of Commissioner Income Tax, Jammu within 48 hours. That he deposited 50% of the offered bid amount along with 2% of income tax, as asked by the respondents but despite the completion of all required formalities on his behalf, the Letter of Intent/release order was not, however, issued in his favour, thereby putting him to a great loss. That he also approached the respondents with his verbal and written representation for issuance of Letter of Intent in his favour but in vain. 3. I have heard learned counsel for the petitioner and perused the record of the petition and copies of documents annexed with the same. 4. In the facts and circumstances of the case, this Court is of the opinion that the instant petition can be disposed of even at this threshold stage by passing of appropriate directions which the respondents are otherwise obliged to carry out in accordance with the law. 5. Accordingly, the instant petition is disposed of with the direction to the respondents to consider the issuance of the Letter of Intent/release order in favour of the petitioner, subject to his fulfillment of all the requirements and in accordance with the law and the rules/regulations governing the field, within a period of four weeks. 6. Disposed of. (Mohd. Yousuf Wani) Judge Jammu 30.05.2025 Javid Iqbal "