Dismissed¶¶33

Shivnandan Kumar Singh v. The State of Bihar

Patna HC17 May 2024CWJC/8138/2024

Case brief

AI extract

What is this about?

Patna High Court CWJC No.8138 of 2024, decided 17-05-2024 (oral judgment, Harish Kumar, J; bench with K. Vinod Chandran, CJ). Sand ghat e-auction Tender No. 27682, Jehanabad; Mines and Minerals (Development and Regulation) Act, 1957; minor mineral; public auction exclusive domain of State; Article 226 writ jurisdiction; successful bidders/necessary parties not impleaded; PIL on mere apprehension; unexplained delay; writ petition dismissed. NAFR.

What did the court decide?

Neither the successful bidders, who are necessary parties, were made parties to the writ petition, nor did the petitioner disclose any transgression or violation of the Rules, Regulations or Statute regulating settlement of sand ghats and excavation of sand. ¶¶28

Shivnandan Kumar Singh Vs The State of Bihar — Mining and Natural Resources | Patna HC (2024)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the tender (Tender No. 27682) inviting e-auction for settlement of sand ghat(s) in Jehanabad should be quashed. +1 more

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Court's answer

The Mines and Minerals (Development and Regulation) Act, 1957 vests administrative control over mines or minerals with the State Government; grant of leases in respect of sand, a minor mineral, through public auction by the competent authority is within the exclusive domain of the State, and no illegality in the settlement or e-auction was pointed out.

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Ratio / Principle

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Key takeaways

The writ petition is founded on mere apprehension, suffers from unexplained delay, and the affected parties have not been impleaded.ratio¶¶31
The Court found no reason or occasion to entertain the writ petition filed under Article 226 of the Constitution of India.ratio¶¶32

Detailed headnote1 paragraphs

Public interest litigation by an elected ward member (Ward No. 12, Kachanma Gram Panchayat, Makhdumpur Block, Jehanabad) seeking quashing of Tender No. 27682 inviting e-auction for settlement of sand ghats in Jehanabad, on grounds of feared flooding, use of the ghat for Chhath Puja, proximity of a Dhobi Ghat and cremation site, following an unsuccessful representation to the District Magistrate and Commissioner. The Court held that under the Mines and Minerals (Development and Regulation) Act, 1957 administrative control over mines/minerals vests in the State; grant of sand leases (a minor mineral) by public auction is within the exclusive domain of the State; the successful bidders (necessary parties) were not impleaded; no statutory violation was disclosed; and the petition rested on mere apprehension with unexplained delay. Writ petition under Article 226 dismissed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8138 of 2024

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======================================================

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Shivnandan Kumar Singh Son of Pardeep Singh, Resident of village Raja Bigha, P.S. Makhdumpur, District- Jehanabad.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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The Principal Secretary Mines Department Bihar, Patna.

The Commissioner, Magadh Division, Gaya.

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The District Magistrate, Jehanabad.

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The Sub-Divisional Officer, Jehanabad.

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The District Mines Officer, Jehanabad.

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The Circle Officer, Makhdumpur, Jehanabad.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Saxena, Advocate For the Respondent/s : Mr. P K Shahi, AG Mr. Anish Kumar, AC to AG For the Mining : Mr. Naresh Dixit, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HARISH KUMAR)

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Date : 17-05-2024

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Heard the parties.

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The petitioner, an elected ward member of Ward No. 12, Kachanma Gram Panchayat, Makhdumpur Block under Jehanabad Distrct preferred the present writ petition by way of public interest litigation seeking quashing of the tender issued by the Government of India, Mines and Geology Department bearing Tender No. 27682, inviting e-auction for settlement of sand ghat.

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Patna High Court CWJC No.8138 of 2024 dt.17-05-2024 2/4

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The Government of Bihar in the Department of Mines and Geology invited e-auction for settlement of sand ghats under different blocks in the district of Jehanabad by the tender aforenoted. The date for submission of the bid was scheduled from 09.11.2022 till 22.11.2022. The date of auction was scheduled to be held on 29.11.2022.

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Learned Advocate for the petitioner while pressing the present writ petition contended at the bar that the auction of the sand ghat over the bank of Dardha river would certainly create huge problem amongst the villagers. The excavation of the sand would lead to havoc, as in the rainy seasons, there is every chance that if the sand is removed from the ghat, the surrounding villages may be submerged in floods. On such apprehension, the petitioner along with other villagers represented before the District Magistrate, Jehanabad. The copy of the representation has also been forwarded to the Commissioner, Magadh Division, Gaya to look into the matter and cancel the tender.

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The Learned Advocate for the petitioner further contended that the ghats, which is auctioned has all along been used for Chhath Puja and at the distance of only 10 meters, there is a Dhobi Ghat and the villagers also use that area for

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Patna High Court CWJC No.8138 of 2024 dt.17-05-2024 3/4

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cremation of dead bodies. Thus, in such circumstances, the auction of the ghat and excavation of sand may lead to submerging of village and cause various other problems.

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From the averments made in the present writ petition and the materials available on record, prima facie , it appears that the tender is issued by the Government of Bihar in the Department of Mines and Geology on 07.11.2022 fixing the date of auction on 29.11.2022. Neither the successful bidders have been made parties in the writ petition, who are necessary parties nor the petitioner has disclosed any transgression/violation of the Rules, Regulations or Statue which regulate the settlement of the sand ghats and excavation of sand.

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The Mines and Minerals (Development and Regulation) Act, 1957 vests the administrative control over the mines or minerals with the State Government. The Learned Advocate for the petitioner failed to point out any illegality in the settlement of the sand ghats or its e-auction. Grant of leases in respect of sand; a minor mineral by definition, is settled through public auction by the competent authority and is within the exclusive domain of the State. Moreover, the petitioner has not pointed out any statutory violation and the

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Patna High Court CWJC No.8138 of 2024 dt.17-05-2024 4/4

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writ petition is filed on mere apprehension. There is also unexplained delay and the affected parties have not been impleaded.

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In the aforesaid circumstances, we do not find any reason or occasion to entertain the present writ petition filed under Article 226 of the Constitution of India.

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Accordingly, the present writ petition stands dismissed.

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(K. Vinod Chandran, CJ)

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(Harish Kumar, J)

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shivank/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	19.06.2024.
Transmission Date	NA

Shivnandan Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shivnandan Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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