Patna High Court
Santosh Kumar Singh vs The State Of Bihar on 6 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.723 of 2021
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Santosh Kumar Singh, S/o-Sri ram Prasad Singh, R/o Village and P.O.-
Sakhmohan, P.S. Bibhutipur, District-Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector-Cum-District Magistrate,
Samastipur.
2. The Director Mines and Geology Department, Bihar, Patna.
3. The District Mines officer, Samastipur.
4. The Mines Inspector, the District Mines Office, Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Arvind Kumar Sinha, Advocate
For the Mines : Mr. Naresh Dikshit, Spl. P.P. Mines.
Mr. Brij Bihari Tiwary.
For the Respondent/s : Mr. Dr. Md. Rasul Haque, SC-10
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 06-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
" (i) To issue an appropriate order/s,
direction/ s including a writ preferably in
the nature of mandamus commanding and
directing upon the respondents to refund a
sum of Rs. 30,000/-00 deposited through
Challan in the month of Nov. 2019 under
read of 853 for retail license of minor
mineral as such the same was not issued in
the light of order passed by this Hon'ble
Court.
(ii) To direct the respondents to refund the
amount in question with penal interest on
Patna High Court CWJC No.723 of 2021 dt.06-12-2021
account of delay and latches on the part of
the respondents.
(iii) To any other relief's to which the
petitioner may be found entitled in the facts
and circumstances of the case.
Learned counsel for the petitioner submits that
petitioner shall be content if a direction is issued to Respondent
No. 3, namely The District Mines Officer, Samastipur to
consider and decide the representation to be filed within four
weeks from today, within a period of three months from the date
of its presentation.
Without expressing any opinion on merits of the
claim, petition is disposed of with the liberty aforesaid. All
issues on facts and law are left open.
Needless to say that while considering such request,
principles of natural justice shall be followed and due
opportunity of hearing afforded to the parties.
If aggrieved by the said order, the petitioner shall
have liberty to approach this Court by way of separate
petition(s), if so required and desired.
Equally, liberty is reserved to the petitioner to take
recourse to such alternative remedies as are otherwise available
in accordance with law.
We are hopeful that as and when petitioner takes
Patna High Court CWJC No.723 of 2021 dt.06-12-2021
recourse to such remedies, as are otherwise available in law,
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch.
The petition stands disposed of in the aforesaid terms.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
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