Patna High Court
Lucky Construction vs The State Of Bihar on 29 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6915 of 2020
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Lucky Construction A Proprietorship Firm, having its place of business at
Mustafapur Cantt. Road, P.O. and P.S. Khagaul, Danapur, District Patna,
through its authorized signatory, Mohd Zishan Akhtar, aged about 31 years
(Male), Son of Sheikh Muhd Arif, Resident of 86, Block-A, DDA Janta Flats
Pocket-11, Jasola Vihar, South Delhi, P.S.-Sarita Vihar, District New Delhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Mines and
Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna-800001.
2. The Principal Secretary, Department of Mines and Geology, Government of
Bihar, Vikas Bhawan, Bailey Road, Patna-800001.
3. The Assistant Director, District Mining Office, Patna.
4. The Mineral Development Officer, District Mining Office, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Suraj Samdarshi, Advocate
For the Respondent/s : Mr.Gyan Prakash Ojha, GA-7
For the Mines Department: Mr. Naresh Dikshit, Spl. P.P.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 29-11-2021
Heard learned counsel for the parties.
Patna High Court CWJC No.6915 of 2020 dt.29-11-2021
The petitioner has prayed for the following relief/s :-
"(I) For quashing of the demand dated
16.1.2020, and all consequential acts, issued
by the respondent no.3, whereby and
whereunder for alleged violation of Rule 39(1)
(2) the Bihar Minerals (Concession,
Prevention of Illegal Mining, Transportation &
Storage) Rules, 2019 penalty to the extent of
Rs.10,90,000/- has been imposed, without
authority of law.
(ii) To further hold and adjudicate that the
demand raised vide communication dated
16.1.2020 is in utter violation of the principles
of natural justice, which cannot be sustained in
the eyes of law.
(iii) To hold and adjudicate that the provision
of Section 39 of the Bihar Minerals
(Concession, Prevention of Illegal Mining,
Transportation & Storage) Rules, 2019 does
not apply to the person who does not deal in
minor minerals and it applies only to the
distributors/stockists of minor mineral.
(iv) For quashing of the letter no.238 dated
28.1.2020, issued in pursuance of the
communication dated 16.1.2020, whereby and
whereunder the petitioner has been directed to
deposit the amount forthwith.
(v) For a direction to the respondent
authorities not to take any coercive step
against the petitioner in pursuance of the
communication dated 16.1.2020, as the same
is not only without authority of law, but the
Patna High Court CWJC No.6915 of 2020 dt.29-11-2021
demand raised therein is in utter violation of
the principles of natural justice; and for any
other relief(s) to which the petitioner is found
entitled in the facts and circumstances of the
case."
Having heard learned counsel for the parties, we are
of the considered view that the impugned notice/notice of
demand dated 16th of January, 2020 (Annexure-8, Page 102)
issued by Respondent No.4, namely, the Additional Director,
District Mining Office, Patna needs to be quashed and set
aside, inter alia, on the ground that principles of natural justice
stand violated, inasmuch as, no opportunity of hearing was ever
afforded to the petitioner. The order entails civil as also penal
consequences. Penalty of Rs.10,90,000/- stands imposed. The
order does not reveal as to whether any prior notice was also
issued to the petitioner.
Petitioner states that the notice also falls foul of the
provisions of Rule 39 of the Bihar Minor Mineral Concession
Rules, 1972.
We leave this question open to be considered and
decided by the officer concerned.
Shri Naresh Dikshit, learned Special P.P. for the
Mines Department, vehemently opposes the petition on the
ground that the petitioner has got equally efficacious alternative
Patna High Court CWJC No.6915 of 2020 dt.29-11-2021
remedies.
In the attending facts and circumstances and, more so,
in view of the law laid down by the Apex Court in the case of
General Manager, Electrical Rengali Hydro Electric Project,
Orissa & Others v/s Sri Giridhari Sahu & Others reported in
2019 (10) SCC 695, we find favour with the submissions made.
As such, on this short ground alone, for the impugned
action is perverse in law, we quash and set aside the impugned
notice/notice of demand dated 16th of January, 2020 (Annexure-
8, Page 102) issued by Respondent No.4, namely, the
Additional Director, District Mining Office, Patna, and dispose
of the present petition in the following terms :-
a) The Assistant Director, District Mining Officer
shall initiate fresh process, if so required, in accordance with
law;
b) Notice to show cause shall be issued to the
petitioner which the petitioner undertakes to respond to within a
period of four weeks. In fact, petitioner volunteers to appear
before the said officer on 13.12.2021 at 10:30 a.m.;
c) The parties shall not take any unnecessary
adjournment;
d) The entire process, after affording due opportunity
Patna High Court CWJC No.6915 of 2020 dt.29-11-2021
of hearing to the petitioner, shall be completed within a period
of two months thereafter.
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Ashwini/Sanjay
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.12.2021
Transmission Date NA
