Patna High Court
M/S Mahadev Enclave Pvt. Ltd vs The State Of Bihar on 21 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20401 of 2021
======================================================
M/s Mahadev Enclave Pvt. Ltd. a registered company having its registered
office at B-37, Ayodhya Marg, Hanuman Nagar, Jaipur, Rajasthan through
one of its directors namely Kartik Rathi male aged about 28 years, S/o Shri
Ajay Rathi R/o 3-B 22 23 Sukhadia Nagar, Sri Ganganagar (Rajasthan).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Cum Commissioner,
Department of Mines and Geology, Govt. of Bihar, Patna.
2. The Principal Secretary Cum Commissioner, Department of Mines and
Geology, Govt. of Bihar, Patna.
3. The Director, Department of Mines and Geology, Govt. of Bihar, Patna.
4. The Bihar State Mining Corporation Limited, through its Managing
Director, Vikas Bhawan, Bailey Road, Patna.
5. The Chief Executive Officer, The Bihar State Mining Corporation Limited
Vikas Bhawan, Bailey Road, Patna.
6. The General Manager, Bihar State Mining Corporation Limited, Vikas
Bhawan, Bailey Road, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gautam Kumar Kejriwal, Adv
For Mines : Mr. Naresh Dikshit (Spl.P.P.)
Ms. Kalpana, Adv
For the State : Mr.Gyan Prakah Ojha (GA7)
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 21-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"(a)For issuance of a writ in the nature of certiorari for
quashing of the short notice inviting tender issued by the
respondent Bihar State Mining Corporation Limited
(hereinafter referred to as the Corporation for short) through
the respondent number 6 for selection of contractors
Patna High Court CWJC No.20401 of 2021 dt.21-12-2021
for operation of sandghats insofar as the sandghats in the
district of Banka settled in favour of the petitioner are
concerned and for which work order against receipt of
entire payment of settlement amount from the petitioner
till 31.03.2022 has already been issued before publication
of such tender notice;
(b) For holding and a declaration that the respondent
Corporation has acted in complete breach of and in
deviation to the notification issued vide memo number
3043/M Patna dated 01.10.2021 by the respondent
number 3 who is also the Chief Executive Officer, of the
Corporation whereby the sandghats in the district of
Banka has already been decided to continue to be
operated by the existing settlees by extending their
working period with a simultaneous decision of
operation of sandghats in other eight district through the
Corporation.
(c) For further holding and a declaration that the
impugned tender notice issued by the respondent
Corporation is further violative of the work order
issued to the petitioner vide letter number 1910/M Banka
dated 01.10.2021 by the District Collector Banka which
is yet operative and has not been revoked;
(d) For further holding that the respondents much less
the Corporation and its authorities would never have
issued the tender notice in question involving the
sandghats in Banka against which the petitioner has
already deposited the settlement amount for the whole
period till 31.03.2022 and has also deposited the
statutory taxes and miscellaneous charges as it amounts
to a direct interference with the statutory and
fundamental right of the petitioner to avail the right of
mining activity till the said date;"
After some arguments, learned counsel for the petitioner,
Patna High Court CWJC No.20401 of 2021 dt.21-12-2021
seeks permission to withdraw this petition with liberty to pursue
his applications pending before Hon'ble the Apex Court.
Prayer is allowed.
This application is dismissed as withdrawn with the
liberty aforesaid.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/sanjay-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
