Petitioner challenged the Bihar Minor Mineral Concession (Amendment) Rules, 2008 and a revision order mandating extra royalty payment as unconstitutional and ultra vires. The writ petition was dismissed as having no merit due to lack of appearance by the petitioner.
None granted. The writ petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6470 of 2016
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Birju Chaudhary Son of Late Nand Kishore Chaudhary, Resident of Village Girinda, P.S.- Sheikhpura, Distt.- Sheikhpura.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the Mining : Mr. Naresh Dikshit, Spl. P.P., Mines Mr. Sumit Shekhar Pandey, AC to Naresh Dikshit For the State : Mr. Sudish Kumar, AC to PAAG-2
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT
Date : 29-04-2019
None appeared on behalf of petitioner. Learned counsel for Mines is present.
The instant writ petition has been filed for commanding the respondent authorities to declare the Bihar Minor Mineral Concession (Amendment) Rules, 2008 contained in S.O. No. 641 dated 23.03.2008 (Annexure-3) as ultravires the provision of Parent Act, i.e. Mines Minerals (Development and Regulation) Act, 1957 and also violative of petitioner right enshrined under Article 21, 31A, 300A of the Constitution of India and to declare the above said Amendment Act 2008 as ultravires on the ground that the State Government does not
Patna High Court CWJC No.6470 of 2016 dt.29-04-2019 2/3
have the competence to introduce new policy by which extra royalty more than the auction amount has to be paid by the lessee as it is essentially legislative function as well as for quashing the order dated 25.05.2015 passed in Revision Case No. 41 of 2007, by which the revision application of the petitioner filed against the order dated 17.07.2007 contained in Memo No. 738, by which petitioner has been directed to deposit Rs. 13,16,250/- as extra royalty for extracting additional stone boulders, has been dismissed.
It has been submitted on behalf of State that the revisional order is not enclosed with this writ petition.
By order dated 23.04.2019, learned counsel for the petitioner was given time to file the revisional order. None had appeared on behalf of petitioner on 23.04.2019.
Today also none has appeared on behalf of petitioner. Learned counsel for the State has submitted that the Notification as contained in S.O. No. 641 dated 27.03.2008 in respect of charging extra royalty more than the auction amount was introduced by the State Government in the legislative competence. The Bihar Minor Mineral Concession (Amendment) Rules, 2008 as contained in aforesaid notification is not ultravires.
Patna High Court CWJC No.6470 of 2016 dt.29-04-2019 3/3
In such circumstances, this writ petition is dismissed
having no merit.
(Sanjay Priya, J)
rakhi/-
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| CAV DATE | N.A. |
| Uploading Date | 03.05.2019. |
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2 issues framed by the court
Whether the Bihar Minor Mineral Concession (Amendment) Rules, 2008 are ultravires the Mines Minerals (Development and Regulation) Act, 1957 and violative of Articles 21, 31A, and 300A of the Constitut
Whether the State Government has legislative competence to introduce a policy for charging extra royalty beyond the auction amount.
3 provisions across 3 enactments
Birju Chaudhary
The State Of Bihar
The Principal Secretary, Mines and Geology, Bihar
The District Magistrate, Sheikhpura
The Assistant Mines Offices, Sheikhpura
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
