C and C Construction Ltd. v. The State Of Bihar and Ors.
Case brief
What is this about?
Patna High Court, CWJC No.17411 of 2014, C and C Construction Ltd v. State of Bihar and others (District Magistrate, Kaimur Bhabua; Assistant Mining Officer, Kaimur Mohania), coram Mohit Kumar Shah, J., order dated 19-09-2024. Subject matter: mining/stone-crusher License dated 04.02.2011, demand of Rs. 21,51,330/- (third and fourth installment with interest) by order dated 08.08.2014, refund claim of Rs. 8,50,000/- and Rs. 8,99,184/-, ban on stone mining under notification no. 230/M dated 04.02.2010 read with Rule 53, Bihar Minor Concession Rules, 1972, District Kaimur, Bihar. Disposition: petition not pressed; liberty to pursue alternative remedies granted; writ petition disposed off without merits adjudication. Contains no ratio on the legality of mining dues or refunds; cite only, if at all, for the grant of liberty/withdrawal practice.
What did the court decide?
Only liberty granted to the petitioner to avail such other alternative remedies as are otherwise available under the law; no substantive relief on the impugned demand of Rs. 21,51,330/- or the claimed refund of the two installments, as the petition was not pressed and was disposed of at the outset.