M/S. Khushi Enterprises vs The State Of Bihar
2022 Latest Caselaw 4261 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.10688 of 2022
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M/s. Khushi Enterprises Through its Proprietor, Anish Kumar, aged about- 32 years (male), Son of Raghuwansh Singh, R/o- At and P.O.- Sultanpur, P.S.- Mohiuddin Nagar, District- Samastipur.

... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary, Mines and Geology Department, Govt. of Bihar, Vikas Bhawan, Bailey Road, Patna.

2. The Principal Secretary-cum-Mines Commissioner, Mines and Geology Department, Govt. of Bihar, Vikas Bhawan, Bailey Road, Patna.

3. The Special Secretary-cum-Director, Mines and Geology Department, Govt.

of Bihar, Vikas Bhawan, Bailey Road, Patna.

4. The Additional Secretary-cum-Director, Mines and Geology Department, Govt. of Bihar, Vikas Bhawan, Bailey Road, Patna.

5. The District Magistrate, Samastipur.

6. The District Mining Officer, Samastipur.

... ... Respondent/s ====================================================== Appearance :

     For the Petitioner/s      :       Mr.Rajeev Kumar Singh, Adv
                                       Mr. Gyanendra Kumar, Adv
     For the State             :       Mr.Gyan Prakash Ojha (GA7)
     For the Mines             :       Mr. Naresh Dixit, Adv
                                       Mr. Sumit Shekhar Pandey, Adv
                                       Mr. Utsav Anand, Adv

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 04-08-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

"That this is an application on behalf of above named petitioner for issuance of an appropriate writ(s)/ Order(s)/ Direction(s) to the respondents authorities to refund the earnest money, security money and all other amount deposited/invested by the petitioner for the settlement of Sand Ghat for the entire Samastipur District pursuant to the auction held in the year 2018 Patna High Court CWJC No.10688 of 2022 dt.04-08-2022

along with the statutory interest."

Learned counsel for the petitioner in support of his

submissions relied upon a judgment of single bench of this

Court in the case of Amarnath Singh Vs. State of Bihar

through Principal Secretary and Ors, since reported in 2022

(1) PLJR (SC) 37.

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 the

respondent no. 4 Additional Secretary cum Director, Mines

& Geology Department, Govt. of Bihar, Vikas Bhawan,

Bailey Road, Patna, to consider and decide the representation

which the petitioner shall be filing within a period of four weeks

from today for redressal of the grievance(s).

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 four months from the date of its

filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of on the following

terms:-

(a) Petitioner shall approach the authority concerned Patna High Court CWJC No.10688 of 2022 dt.04-08-2022

within a period of four weeks from today by filing a

representation for redressal of the grievance(s);

(b) The authority concerned shall consider and dispose

it of expeditiously by a reasoned and speaking order preferably

within a period of four months from the date of its filing along

with a copy of this order;

(c) The order assigning reasons shall be communicated

to the petitioner;

(d) Needless to add, while considering such

representation, principles of natural justice shall be followed

and due opportunity of hearing afforded to the parties;

(e) Also, opportunity to place on record all relevant

materials/documents shall be granted to the parties;

(f) Equally, liberty is reserved to the petitioner to take

recourse to such alternative remedies as are otherwise available

in accordance with law;

(g) 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;

(h) Liberty reserved to the petitioner to approach the

appropriate forum/Court, should the need so arise subsequently Patna High Court CWJC No.10688 of 2022 dt.04-08-2022

on the same and subsequent cause of action;

(i) 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) ranjan/-

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