Oral order disposing of a writ petition challenging a mining authority letter and seeking adjustment of illegally forced payments. Court directed the petitioner to represent before the Director, Mines, Bihar, Patna, sought necessary documents, and set timelines for further orders.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13763 of 2017
====================================================== M/s Aditya Multicom Private Limited Son of Shri Surendra Singh, resident of D/139, Keshari Nagar, P.O. Rajeev Nagar, P.S. Rajeev Nagar, District Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Suraj Samdarshi, Advocate For the Respondent/s : Mr. Sanjeet Kr. Singh, AC to AAG-8 For Mines : Mr. Naresh Dixit, Advocate Mr. Brij Bihari Tiwari, JC to Spl. P.P. Mines ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
2 03-08-2023 Mr. Suraj Samdarshi, learned counsel for the petitioner prays for and is permitted to implead the Director, Mines, Bihar, Patna as respondent no.5 in course of the day.
Heard Mr. Suraj Samdarshi, learned counsel for the petitioner and Mr. Brij Bihari Tiwari, JC to Spl. P.P. Mines.
The present petition has been preferred for the following relief:
(i) for a declaration that letter no. 411 dated 18.8.2017 issued by the respondent no.4 is contrary to the Bihar Minor Mineral Concession
Patna High Court CWJC No.13763 of 2017(2) dt.03-08-2023
2/4
Rules, 1971 and bad in law;
(ii) for a direction to the respondent authorities and in particular respondent no. 3 and 4, to adjust the amount of Rs. 47,15,232/- in the consideration against settlement,which the petitioner has illegally been forced to pay in furtherance of the letter no. 411 dated 18.8.2017; and for any other relief or reliefs to which the petitioner is found entitled.
There was settlement of ghats in the district of Aurangabad with the petitioner's Company for the period 1.1.2015 to 31.12.2019 and notification to this effect was issued on 22.7.2014.
Learned counsel for the petitioner has taken this Court to the tender notice (Annexure-3 to the petition) with specific reference to paragraph-19 which read as follows:
(ii) unh ls ckyw fudky dj unh rV ls 300 QhV vyx ckyw HkaMkj.k djus ij vyx ls LVkWfdLV ykblsal ysuk gksxkA
(ii) unh ds rV ij 1000 ehVj rd
Patna High Court CWJC No.13763 of 2017(2) dt.03-08-2023 3/4
cnkscLr/kkjh dks NksM+ fdlh Hkh vU; dks ckyw HkaMkj.k djus gsrq LVkWfdLV ykblsal ugha fn;k tk;sxkA
His submission is that a joint enquiry report was submitted by the SDO, Aurangabad, SDPO, Aurangabad as also Mining Development Officer, Aurangabad on 15.7.2017 pursuant to the allegation levelled against the different settlee across the State.
Subsequent thereto, the petitioner was issued letter no. 411 dated 18.8.2017 by the Mining Development Officer, Aurangabad stating that as per joint enquiry report, he was supposed to do the mining work only with regard to Manjhiyawa sand ghat (300 fit). However, the petitioner without any permission did the same for 10 sand ghats and accordingly e-challan was also issued and as such he was directed to pay Rs. 23, 57, 626/- as royalty as also fine of Rs. 23, 57, 626 totalling Rs. 47,15, 252 (Annexure10 to the petition)
Subsequent thereto, as the lease period was on, it is the contention of the learned counsel for the petitioner that on 21.8.2017, he deposited the said amount (Annexure-11/11-A to the writ petition)
His case is that since his lease period was on, he had no option but to pay the amount. However, he if given a chance, can clarify the respondents that he was doing the mining work
Patna High Court CWJC No.13763 of 2017(2) dt.03-08-2023 4/4
well within the area he was allotted.
The writ petition was filed in 2017 after serving the copies upon the learned counsel representing the Mines on 15.9.2017. However, no counter affidavit is on record.
Instead of keeping the case pending for another few years, it is appropriate that the petitioner represent before the Director, Mines, Bihar, Patna along with all the necessary documents within a period of four weeks from today.
The Director, Mines, Bihar, Patna shall take up the matter and is duty bound to pass appropriate order within a period of three months from the receipt of the representation.
The consequences of the said order to be followed in next two months.
The writ petition stands disposed of with the aforesaid observation.
(Rajiv Roy, J)
Ravi/-
U
M/s Aditya Multicom Private Limited
The State Of Bihar
The Principal Secretary, Department, of Mines and Geology, Bihar
The District Magistrate, Aurangabad
The Senior Deputy Collector-Cum-Mineral Development Officer, Aurangabad
The Director Mines, Department of Mines & Geology, Bihar
Rajiv Roy
As recorded by the court registry
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