Patna High Court
Arena Food And Agro Industries ... vs The State Of Bihar on 21 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 10250 of 2021
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Arena Food & Agro Industries Private Limited, a company
incorporated under the provisions of the Companies Act, 1956,
having its registered office at Village Nimi, P.S. Shekhopur,
District Nawada, through its director, Radhey Sharma, aged about
47 years, Son of Late Harangi Singh, resident of Village Nimmi,
P.S. Shekhopur, District Sheikhpura.
...... ..... Petitioner/s
-Versus-
1. The State of Bihar, through the Principal Secretary, Mines &
Geology Department, Government of Bihar, Vikas Bhawan,
Bailey Road, Patna.
2. The Principal Secretary, Mines & Geology Department,
Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
3. The Additional Secretary, Mines & Geology Department,
Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
4. The Assistant Director, Mines and Geology Department,
Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
5. The District Magistrate cum Collector, Sheikhpura.
6. The Mineral Development Officer, Sheikhpura .
............... Respondents
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Appearance :
For the Petitioner/s : Mr. Suraj Samdarshi, Advocate
Mr. Avinash Shekhar, Advoate
For the Respondent/s : Mr. Gyan Prakash Ojha, G.A. 7
Mr. Naresh Dixit, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
Patna High Court CWJC No. 10250 of 2021 dt. 21-06-2021
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
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(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/ Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also, the Advocates and the Staffs joined
the proceedings through Video Conferencing from their
residences/offices.)
Date : 21-06-2021
Petitioner has prayed for the following relief(s):-
(i) To issue an appropriate writ, order or direction in
the nature of mandamus directing the Respondents to
allow the Petitioner to deposit remainder amount of
the fifth yearly instalment of the settlement amount
for mining lease obtained by petitioner, in six
monthly instalments after deduction of the security
amount of Rs. 2. 90 Crores.
ii) To issue an appropriate writ, order or direction in
the nature of mamdamus commanding the
Respondents not to levy interest of Rs. 1,02,61, 168/-
on account of delayed payment of the fourth yearly
instalment.
iii) To issue an appropriate writ, order or direction in
the nature of mamdamus commanding the
Respondents not to take any coercive steps,
including but not limited to cancellation of
lease/stoppage of transit challan etc. against the
petitioner for delayed payment of fifth yearly
instalment of the lease amount.
iv) This Hon' ble Court may declare that no fruitful
purpose shall be served in cancelling the mining
lease of the petitioner in light of the fact that the
Patna High Court CWJC No. 10250 of 2021 dt. 21-06-2021
petitioner is ready to deposit the lease amount.
v) For issuance of a writ, order or direction in the
nature of mandamus commanding the Respondents
to extend the lease term of the petitioner by 167 days
or alternatively to grant proportionate remission in
royalty for 167 days during which period the
generation of e-transit challans was blocked and
petitioner was restrained/prohibited from conducting
mining activity for absolutely no fault on its part.
vi) For issuance of a writ, order or direction in the
nature of mandamus commanding the Respondents
to extend the lease term by 30 days in accordance
with Clause 5 Part IX of the Agreement dated
30.03.2017 or alternatively to grant proportionate
remission in royalty for 30 days, in lieu of restriction
imposed upon mining activity during the COVID 19
pandemic from 22.03.2020 till 20.04.2020.
vii) To issue an appropriate writ, order or direction in
the nature of mamdamus commanding the
Respondents to keep the demand for income tax
amount and District Mineral Fund Amount payable
for the third, fourth and fifth year of the settlement,
accumulating to Rs. 70,64,400/-, in abeyance and
subjected to the remission in royalty to be granted for
197 days during which the petitioner has been
precluded from conducting mining activity.
viii) This Hon'ble Court may adjudicate and hold that
the action of the Respondent Authorities in not
extending the lease term by 197 days (167 days + 30
Patna High Court CWJC No. 10250 of 2021 dt. 21-06-2021
days) or alternatively to grant proportionate
remission in royalty for 197 days (167 days +30
days) during which period the petitioner was
restrained/prohibited from conducting mining
activity for absolutely no fault on its part, is
completely illegal, arbitrary and non-est in the eyes
of law.
ix) This Hon'ble Court may further adjudicate and
hold that the action of the Respondent Authorities in
granting remission in royalty to sand mining lease
holders in the state of Bihar for the period during
which mining activity was restricted on account of
COVID 19 lockdown, but not granting the same
benefit to the Petitioner, is completely illegal,
arbitrary, discriminatory and non-est in the eyes of
law.
x) This Hon'ble Court may further adjudicate and
hold that the action of the Respondent Authorities in
this matter is fraught with arbitrariness on account of
the fact that the Respondent have adopted a pick and
choose method in granting remission in royalty to
different mining lease holders for the COVID
lockdown period.
xi) This Hon'ble Court may further adjudicate and
hold that in light of the Clause 5 Part IX of the
Agreement dated 30.03.2017 the petitioner is entitled
for extension of lease period by 30 days in lieu of
restriction imposed upon mining activity during the
COVID 19 pandemic from 22.03.2020 till
Patna High Court CWJC No. 10250 of 2021 dt. 21-06-2021
20.04.2020.
xii) This Hon'ble Court may further adjudicate and
hold that the petitioner is entitled for extension of
lease period by 197 days (167 days +30 days) or
alternatively to grant of proportionate remission in
royalty for 197 days (167 days +30 days) during
which period the petitioner was restrained/prohibited
from conducting mining activity for blocking of
generation of e-transit challans and on account of
COVID 19 Lockdown.
xiii) This Hon' ble Court may adjudicate and hold
that the action of the Respondents in this matter is an
act of unreasonableness and arbitrariness on the part
of the Respondents.
xiv) To award any other relief or reliefs for which the
petitioner is found entitled in the facts and the
circumstances of the case."
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 Respondent
No. 2 namely The Principal Secretary, Mines & Geology
Department, Government of Bihar, Vikas Bhawan, Bailey
Road, Patna to consider and decide the representation which
the petitioner shall be filing by tomorrow i.e. 22nd of June,
2021, for redressal of the grievance(s).
Patna High Court CWJC No. 10250 of 2021 dt. 21-06-2021
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 two weeks from the date of its
filing along with a copy of this order, considering the fact that
if the mineral is not extracted, it will result into wastage of
national property.
Statement accepted and taken on record.
As such, petition stands disposed of in the following
terms:-
(a) Petitioner shall appear before Respondent No. 2,
namely The Principal Secretary, Mines & Geology
Department, Government of Bihar, Vikas Bhawan, Bailey
Road, Patna on 22nd of June, 2021, and file a representation for
redressal of the grievance(s);
(b) Respondent No. 2 namely The Principal
Secretary, Mines & Geology Department, Government of
Bihar, Vikas Bhawan, Bailey Road, Patna shall consider and
dispose it of expeditiously and preferably within a period of
two weeks from the date of its filing along with a copy of this
order, considering the fact that if the mineral is not extracted, it
would result into wastage of national asset;
Patna High Court CWJC No. 10250 of 2021 dt. 21-06-2021
(c) Equally, liberty is reserved to the petitioner to
take recourse to such alternative remedies as are otherwise
available in accordance with law;
(d) 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;
(e) Needless to add, while considering such
representation, principles of natural justice shall be followed
and due opportunity of hearing afforded to the parties;
(f) Needless to add also, all issues, including
allocation of the amount; issuance of challan for mining and/or
transporting the mineral, shall be considered by passing a
speaking order;
(g) Liberty reserved to the petitioner to approach the
Court, if the need so rises subsequently on the same and
subsequent cause of action;
(h) We have not expressed any opinion on merits.
All issues are left open;
(i) The proceedings, during the time of current
Pandemic- Covid-19 shall be conducted through digital mode,
unless the parties otherwise mutually agree to meet in person
Patna High Court CWJC No. 10250 of 2021 dt. 21-06-2021
i.e. physical mode;
The petition stands disposed of in the aforesaid
terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
(S. Kumar, J)
Sujit/PKP-
AFR/NAFR
CAV DATE
Uploading Date 21.06.2021
Transmission Date
