Court dismissed applicant's application to avail alternative remedy as withdrawn. Bench clarified it did not adjudicate merits. Directed Commissioner of Mines to dispose pending revision within two months given commercial implications.
Application to avail alternative remedy; application to this court
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3490 of 2011
M/S PROGRESSIVE CONSTRUCTION LIMITED .
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THE STATE OF BIHAR & ORS .
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CWJC No.3491 of 2011
M/S PROGRESSIVE CONSTRUCTION LIMITED .
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THE STATE OF BIHAR & ORS .
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CWJC No.3500 of 2011
M/S PROGRESSIVE CONSTRUCTION LIMITED .
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THE STATE OF BIHAR & ORS .
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CWJC No.3501 of 2011
M/S PROGRESSIVE CONSTRUCTION LIMITED .
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THE STATE OF BIHAR & ORS .
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CWJC No.3504 of 2011
M/S PROGRESSIVE CONSTRUCTION LIMITED .
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THE STATE OF BIHAR & ORS .
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CWJC No.3509 of 2011
M/S PROGRESSIVE CONSTRUCTION LIMITED .
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THE STATE OF BIHAR & ORS .
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CWJC No.3510 of 2011
M/S PROGRESSIVE CONSTRUCTION LIMITED .
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THE STATE OF BIHAR & ORS .
----------- 2/ 08/04/2011 Heard learned counsel for the petitioner and learned counsel for the State.
Learned counsel for the State raises a preliminary objection to the availability of an alternative remedy of revision before the Commissioner of Mines.
Leave is sought to withdraw the application to avail alternative remedy.
2
The application is dismissed as withdrawn.
It is made clear that this Court has not gone into the merits of the matter which remains open for consideration on all aspects of facts and law by the Commissioner to be decided in accordance with law by a reasoned and speaking order.
Keeping in mind that the matter has commercial implications not only for the petitioner but for the revenues of the State also, this Court directs that any such revision application be considered and disposed off in accordance with law preferably within a maximum period of two months from the date of
receipt/production of a copy of this order.
KC ( Navin Sinha, J.)
3 issues framed by the court
Whether availability of alternative remedy of revision before the Commissioner of Mines bars the writ jurisdiction of the court.
Whether the application to avail alternative remedy has been withdrawn.
When the order on the pending revision application before the Commissioner of Mines should be passed.
M/S PROGRESSIVE CONSTRUCTION LIMITED
THE STATE OF BIHAR & ORS
Navin Sinha
As recorded by the court registry
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