Patna High Court
Singh Naturals Resources Pvt. Ltd vs The State Of Bihar on 30 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1975 of 2020
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Singh Naturals Resources Pvt. Ltd. a company registered under the
Companies Act, 1956, having its office at Dhirendra Puram Rani bandh Talab
Dhaiya, District Dhanbad through its authorised signatory Satyendra Singh,
aged about 54 years (Male), son of Achhaber Singh, resident of Near Shiv
Mandir, Sendra Bansjora, P.S. Bansjora, District- Dhanbad
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Mines and Geology
Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna
2. The Principal Secretary cum Mines Commissioner, Mines and Geology
Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna
3. The Additional Secretary cum Director, Mines and Geology Department,
Government of Bihar, Vikas Bhawan, Bailey Road, Patna
4. The Collector cum District Magistrate, Patna
5. The Additional Director, District Mining Office, Patna
6. The District Mining Officer, 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)
Mr. Ajit Kumar, AC to GA 7
Mr. Naresh Dikshit, Spl. P.P., Mines
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 30-11-2021
Petitioner has prayed for the following relief(s):
"i) To issue an appropriate writ, order or
direction in the nature of certiorari for
quashing letter bearing memo no. 3367 dated
26.12.2019 (Annexure 4) issued by the
Respondent Collector cum District
Magistrate whereby and where under the
Patna High Court CWJC No.1975 of 2020 dt.30-11-2021
Petitioner Company has been debarred from
participating in any e-auction for the district
for Patna for a period of five years from
2020 and the Earnest Money Deposit of Rs.
46,10,000/- has been forfeited.
ii) Consequent to grant of the relief no (I),
the Petitioner prays for issuance of further
direction upon the Respondents to return the
Earnest Money Deposit of Rs. 46,10,000/- to
the Petitioner.
iii) This Hon'ble Court may further
adjudicate and hold that the action of the
Respondent Authorities, in debarring the
petitioner company from participating in any
e-auction for the district for Patna for a
period of five years from 2020 without any
authority of law.
iv) This Hon'ble Court may further
adjudicate and hold that the action of the
Respondent Authorities, in debarring the
petitioner company, is an act of mala fide
and complete arbitrary exercise of
authority/power.
v) To grant any other relief or reliefs which
the Petitioner may be found entitled to in the
facts and circumstances of the case."
Shri Suraj Samdarshi, learned counsel for the
petitioner, inviting attention of the Court to the order dated 13 th
of December, 2019 (page-45), contends that the last date for
deposit of the amount was 17th of December, 2019 and yet prior
thereto, the respondent issued notice dated 13/14 th of December,
Patna High Court CWJC No.1975 of 2020 dt.30-11-2021
2019 asking the petitioner to deposit the amount (10%)
immediately. Further, vide impugned order dated 26th of
December, 2019 not only forfeited the money deposited by the
petitioner (part payment), but also blacklisted the petitioner
from participating in the E-tendering process in future, for a
period of five years. He further states that respondents could not
have done so, more so in view of the non-execution of the lease
deed under Rule 28 of the Bihar Minerals (Concession,
Prevention of Illegal Mining, Transportation & Storage) Rule,
2019. It is also argued that the terms of the N.I.T. stipulated only
the condition of forfeiture of the earnest money. There is no
provision whereby the authority can debar/blacklist the party for
non-compliance of the tender conditions.
On the other hand, Shri Naresh Dikshit, learned
Special P.P. (Mines), states that all such pleas can be taken by
the petitioner before the appellate authority by filing an appeal
as envisaged under Rule 67 or filing a petition for revision as
envisaged under Rule 68 of the Rules.
Having given our thoughtful consideration, we are
in agreement with the submissions made that the
appellate/revisional authority is duly empowered to decide all
questions of fact and law, including the ones raised before us.
Patna High Court CWJC No.1975 of 2020 dt.30-11-2021
Efficaciously all issues can be decided there.
As such, in the attending facts and circumstances,
more so when Shri Suraj Samdarshi argues that no notice of the
communications referred to in the impugned order (page 47)
other than the one at page 46 was ever served upon the
petitioner, we dispose of the present petition in the following
terms:
(a) The petitioner shall prefer an appeal/petition
seeking revision within a period of four weeks from today;
(b) Shri Naresh Dikshit, learned counsel for the
State states that if the petitioner were to take such action within
the said period, the issue of limitation shall not be allowed to
come in the way of consideration of the same on merits;
(c) Petitioner undertakes to fully co-operate and not
take any unnecessary adjournment;
(d) We direct the concerned authority to decide the
appeal/revision expeditiously, preferably within a period of four
weeks from the date of its presentation;
(e) Liberty reserved to the petitioner to file an
application seeking stay of the order of debarment, upon which,
we are hopeful, the authority shall promptly take a decision.
(f) All issues on fact and law are left open.
Patna High Court CWJC No.1975 of 2020 dt.30-11-2021
Petition is disposed of in the aforesaid terms.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-
AFR/NAFR
CAV DATE
Uploading Date 02.12.2021
Transmission Date
