M/s Madhucon Projects Limited Vs The State of Bihar — Patna HC (2025) — LawSathi Research

M/s Madhucon Projects Limited Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the Mines Development Officer's Order (memo no. 202) dated 17.01.2022, rejecting the petitioner company's prayer for extension of its mining lease period by 433 days, was illegal and arbitrary and should be quashed, and whether the lease (dated 17.02.2016, ending 16.02.2021) should be extended by another 433 days. +1 more

Ratio / Principle

As the order of 12.09.2024 granting the petitioner four weeks' time to remove the defect(s) was not complied with, the Court recorded that the petition stands dismissed as of 17.10.2024; having perused the file, the Judge consigned it. No adjudication of the merits of the lease-extension grievance was undertaken.

Detailed headnote1 paragraphs

Patna High Court, CWJC No.5497 of 2022 — M/s Madhucon Projects Limited v. The State of Bihar and others (oral order, Rajiv Roy, J, dated 18.02.2025). The writ petition sought (i) certiorari to quash the Mines Development Officer (Hqr)'s Order contained in memo no. 202 dated 17.01.2022 — issued in pursuance of this Court's direction in CWJC No 5826/2021 vide order dated 23.11.2021 — rejecting the petitioner's prayer for extension of its mining lease (dated 17.02.2016, ending 16.02.2021) by 433 days as illegal and arbitrary, and (ii) directions commanding the respondents to extend the lease by another 433 days on the ground that the petitioner had been prevented/stopped from fulfilling and enjoying the lease terms by happenings beyond its control. No statute and no external precedent is cited anywhere in the order. On 12.09.2024 the petitioner had been given four weeks to remove filing defect(s); that order was not complied with, and the petition stood dismissed on 17.10.2024. This 18.02.2025 oral order merely hears the parties, records the dismissal, peruses the file and consigns it. The merits of the lease-extension grievance were therefore never adjudicated by this Court; nothing in this document constitutes a holding on lease-extension policy or law.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5497 of 2022

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

M/s Madhucon Projects Limited having its Corporate Office at Road No. 36, Hitech City, Jublee Hills, Hyderabad- 5000033, Telangana.

... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary cum Mines Commissioner, Mines and Geology Department, Government of Bihar, Patna.

The Principal Secretary cum Mines Commissioner, Mines and Geology Department, Government of Bihar, Patna.

The Director Mines, Mines and Geology Department, Government of Bihar, Patna.

The Mines Development Officer (Hqr), Mines and Geology Department, Government of Bihar, Patna.

The District Magistrate cum Collector, Nawada, Bihar.

The Assistant Director Mines, Nawada, Bihar.

The Principal Secretary, Environment, Forest and Climate Change Department, Government of Bihar, Patna.

The State Environment Impact Assessment Authority, Bihar, 2nd Floor, Beltron, Baldev Bhawan Rd, Shastri Nagar, Patna, Bihar 800023.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Sunit Kumar, Adv. For the Respondent/s : Mr.Gyan Prakash Ojha (GA7) ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

7 18-02-2025 Heard the parties.

The petition has been filed for the following

reliefs:-

“ That the writ instant application is

being filed against the illegal and arbitrary particularly respondent no. 4 in denying the extension of lease period to the petitioner company which is absolutely against the terms

Patna High Court CWJC No.5497 of 2022(7) dt.18-02-2025 2/3

and conditions of the registered lease, law governing lease agreements and legitimate expectation. Therefore, the petitioner being aggrieved by the illegal and arbitrary action of respondents pray(s) for the following relief(s):

i. For issuance of writ in the nature of certiorari for quashing the Order contained in memo no. 202 dated 17.01.2022 passed by Mines Development Officer (Hqr), Mines and Geology Department, Government of Bihar, Patna in pursuance of direction passed by this Hon'ble Court in CWJC No 5826/2021 vide order dated 23.11.2021 whereby and whereunder the prayer of the petitioner company for extension of lease period by 433 days has been illegally and arbitrarily rejected.

ii. For issuance of appropriate writ(s) /order(s) / direction(s) for commanding the respondents to extend the period of mining lease of the petitioner dated 17.02.2016 ending on 16.02.2021 by another 433 days because during the said period, the petitioner has been

Patna High Court CWJC No.5497 of 2022(7) dt.18-02-2025 3/3

prevented/stopped from fulfilling and enjoying the terms and conditions of the lease because of certain actions/happenings which were beyond the control the petitioner company and those happenings cannot be attributed to the petitioner company at all.

iii. Any other relief(s) that the petitioner is entitled in the facts and circumstances of the instant case.

In this case on 12.09.2024, four weeks time was

granted to the petitioner to remove the defect(s).

As the said order was not complied, it stands dismissed on 17.10.2024.

Perused the file, consigned.

(Rajiv Roy, J)

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