Patna High Court
Westlink Trading Private Limited vs The State Of Bihar on 21 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2734 of 2021
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Westlink Trading Private Limited, A Company registered under the
Companies Act, 1956 having its Registered office at D- 504, Building No. 27,
Sunshine Co- Op HSG SOC Ltd., Mahada Colony Chandivali, Mumbai -
400072 having its branch Office at Mohalla Kailashpuri, P.O. and P.S. Banda,
District Banda, Uttar Pradesh and local office at Ist Floor, Shivam Apartment,
Anandpuri, West Boring Canal Road - 800001 through its Director Abhishek
Kumar Singh, aged 46, Male, S/o of Devendra Mohan Singh, Resident of 1st
Floor, Shivam Apartment, Anandpuri, West Boring Canal Road - 800001.
... ... Petitioner/s
Versus
1. The State of Bihar through the Commissioner-Cum-Principal Secretary,
Department of Mines and Geology, Vikas Bhawan, Bailey Road, Patna -
800001.
2. The Joint Secretary-Cum-Director, Directorate of Mines and Geology, Vikas
Bhawan, Bailey Road.
3. The Collector, Gaya, District Gaya, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prince Kumar Mishra, Advocate
Mr. Sanket, Advocate
For the Respondent/s : Mr. Naresh Dixit, Spl. PP Mines
Ms. Kalpana, Advocate
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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.
The petitioner has prayed for the following relief/s :-
"(i) For issuance of writ in the nature of
Mandamus directing the Respondents to
gram additional 97 days of settlement for
mining to the Petitioner - Company with
respect to the Settlement period of 2015-
2019.
(ii) For issuance of writ in the nature of
Patna High Court CWJC No.2734 of 2021 dt.21-12-2021
Mandamus directing the respondent
authorities in the alternative to pay Rs.
4,66,91,053/-. As compensation for loss 97
days of active mining during the period of
Settlement period due to arbitrary actions of
the Respondent authorities.
(iii) For holding a declaration that on account
of illegal, invalid and unjust and
unreasonable disablement of the E- challans
downloading facilitation by the Respondent
authorities and due to arbitrary act Of
ommission and commission by the
Respondent authorities the Petitioner
Company has suffered huge losses as stated
in figures herein above for which the
Respondent authorities are responsible and
accountable.
(iv) For such other writ(s), order (s), relief (s)
under the facts stated below, as your
lordships may deem fit and proper."
After the matter was heard for some time, Shri Prince
Kumar Mishra, learned counsel for the petitioner, fairly states
that the petition can be disposed of with a direction to
Respondent No. 2, namely, the Joint Secretary-Cum-Director,
Directorate of Mines and Geology, Vikas Bhawan, Bailey
Road., to consider and decide the petitioner's request pending
consideration. Also, in support thereof, within one week from
today, petitioner shall place on record additional materials,
highlighting the manner in which the State Government erred in
allotting/auctioning the rights, subject matter of the
Patna High Court CWJC No.2734 of 2021 dt.21-12-2021
contract/lease entered into between the petitioner and the State.
Specific attention is invited to Rule 11A of the Bihar Minor
Mineral Concession Rules, 1972.
Mr. Naresh Dikshit, learned Special P.P. for the
Department of Mines states that without prejudice to the
respective rights and contention of the parties, the respondent
No.2, Joint Secretary-Cum-Director, Directorate of Mines and
Geology, Vikas Bhawan, Bailey Road., shall positively take a
decision on the petitioner's request expeditiously, by passing a
speaking order as also affording adequate opportunity of
hearing. This shall positively be done within a period of two
months from the date of the filing of the representation.
Mr. Prince Kumar Mishra, learned counsel for the
petitioner states that the petitioner shall make himself available
in the office of the Respondent No.2 on 10.01.2022 at 10.30
a.m. when a detailed request shall be presented to him.
We expect that the appropriate authority shall consider
and decide the petitioner's request expeditiously and preferably
within a period of two months from the date of its presentation.
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.2734 of 2021 dt.21-12-2021
We have not expressed any opinion on merits. All
issues are left open.
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR NAFR
CAV DATE NA
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