Patna High Court
Broad Son Commodities Pvt. Ltd vs The State Of Bihar on 7 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.617 of 2021
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Broad Son Commodities Pvt. Ltd a Company incorporated under the
provisions of the Companies Act, 1956 having its registered office at Dr.
Himanshu Complex, Block Road, Koilwar Cowk, P.S.- Koilwar, District- Ara
(Bhojpur), through its Director Ashok Kumar, aged about 64 years, (male),
son of Ram Chandra Saw, resident of Village/ Mohalla Pareo, P.S. Bihta,
District Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Mines Commissioner, Vikas Bhawan, Bailey
Road, Patna.
2. The Assistant Director, Mines and Geology Department, Government of
Bihar, Vikas Bhawan, Bailey Road, Patna.
3. The Licensing Authority cum Collector, Bhojpur.
4. The Mines Inspector, District Mines Office, Bhojpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Suraj Samdarshi, Adv
For the Mining Department : Mr.Naresh Dixit, Spl.PP
For the State : Ms. Kalpana, Adv
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 07-12-2021
Petitioner has prayed for the following relief(s):-
"i. To issue an appropriate writ, order or direction
in the nature of commanding the Respondents to cancel all
the stockist licenses in Form-K issued under Rules 39(1)
of the Bihar Minerals (concession, Prevention of Illegal
Mining, Transportation & Storage) Rules2019, to persons
other than the settleee of sand ghats in the District of
Bhojpur.
ii. This Hon'ble Court may adjudicate and hold
that only a mineral concession holder/settlee of sand ghat
is authorised to sell sand in accordance with Rule 29 E of
the Bihar Minerals (concession, Prevention of Illegal
Mining, Transporation & Storage) Rules 2019.
iii. This Hon'ble Court may adjudicate and hold
Patna High Court CWJC No.617 of 2021 dt.07-12-2021
that only a mineral concession holder/settlee can obtain a
stockist license in Form K under Rule 39(1) of the Bihar
Minerals (Concession, Prevention of Illegal Mining,
Transporation & Storage) Rules, 2019.
(iv) This Hon'ble court may adjudicate and hold
that Rule 39 (1) of the Bihar Minerals (Concession,
Prevention of Illegal Mining, Transportation & Storage)
Rules, 2019 is subject to Rule-29E of thereof and
therefore, stockist license in Form K can be obtained only
by a settlee.
(v) This Hon'ble Court may adjudicate and hold
that the action of the respondents in issuing stockist
licenses in From K to persons other than settle, is in
violation of the Mines & Minerals (Development &
Regulation) Act, 1957 and Bihar Minerals (Concession,
Prevention of illegal Mining, Transportation & Storage)
Rules, 2019 which do not allow sale of sand by any person
other than a mineral concession holder/settlee. "
After the matter was heard for some time, learned
counsel for the petitioner, under instructions, states that
petitioner shall be content if a direction is issued to the authority
concerned to consider and decide the representation which the
petitioner shall be filing within a period of four weeks for
redressal of the grievance(s).
Learned counsel for the respondents states that if such
a representation is filed by the petitioner, the authority
concerned shall consider and dispose it of expeditiously and
preferably within a period of three months from the date of its
filing along with a copy of this order.
Statement accepted and taken on record.
Patna High Court CWJC No.617 of 2021 dt.07-12-2021
As such, petition stands disposed of in the following
terms:-
(a) Petitioner shall approach the authority concerned by
filing a representation for redressal of the grievance(s);
(b) The authority concerned shall consider and dispose
it of expeditiously by a reasoned and speaking order preferably
within a period of three months from the date of its filing along
with a copy of this order;
(c) Needless to add, while considering such
representation, principles of natural justice shall be followed
and due opportunity of hearing afforded to the parties;
(d) Equally, liberty is reserved to the petitioner to take
recourse to such alternative remedies as are otherwise available
in accordance with law;
(e) We are hopeful that as and when petitioner takes
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;
(f) Liberty reserved to the petitioner to approach the
Court, if the need so arises subsequently on the same and
subsequent cause of action;
Patna High Court CWJC No.617 of 2021 dt.07-12-2021
(g) We have not expressed any opinion on merits of the
matter. All issues are left open;
(h) We expect that the appropriate authority shall
consider and decide the petitioner's application/request
expeditiously and preferably within a period of three months
from the date of its presentation.
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
AFR/NAFR
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