Patna High Court
M/S Champion Group Of Company vs The State Of Bihar on 2 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16377 of 2022
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M/s Champion Group of Company a company incorporated under the
provisions of the Companies Act, 1956 having its registered office at
Divyalok Complex, East Boring Road, Patna- 800001 (Bihar), through its
Proprietor, Amit Kumar Singh, aged about 43 years, Gender- Male, son of
Rameshwar Singh, resident of House No.- 161, Patliputra Colony, Patna,
Bihar- 800013.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Mines and Geology
Department, Government of Bihar, Vikash Bhawan, Bailey Road, Patna.
2. The Principal Secretary, Department of Mines and Geology, Government of
Bihar, Vikash Bhawan, Bailey Road, Patna.
3. The Special Secretary cum Director, Mines and Geology Department,
Government of Bihar, Vikash Bhawan, Bailey Road, Patna.
4. The Assistant Director, Department of Mines and Geology, Aurangabad,
Bihar.
5. The District Magistrate, Aurangabad.
6. The Mining Development Officer, District Mining Office, Aurangabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Jai Vardhan Narayan, Advocate
For the Respondent/s : Mr.Gyan Prakash Ojha ( GA 7 )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
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 : 02-12-2022
The petitioner has prayed for the following relief/s :-
"I. Issuance of directions orders or writ in
the nature of mandamus directing the respondents
to forthwith pay the interest in the tune of 9% per
annum for the delayed refund of the security
deposit which was paid by the petitioner company
for participating in the sand mining Aurangabad
Patna High Court CWJC No.16377 of 2022 dt.02-12-2022
Ghat Cluster No-21 in the year 2019 and
altogether a sum of Rs. 45,35,000 was deposited in
the name of Mineral Development Officer, Mines
& Geology Department, Aurangabad and aforesaid
security deposit was refunded after lapse of more
than 2 years on 15.2.2022 in utter violation of the
terms and conditions and upon the repeated
request by the petitioner company and as such the
petitioner is entitled to get interest on the aforesaid
security deposit as per the order dated 16.12.2021
passed by this Hon'ble Court in CWJC No. 2787
of 2020 whereby and where under interest at rate
of 9% per annum had been ordered to be paid with
the effect from the day the security amount were
deposited till the date of payment specially
considering the fact that the Respondent Mines
Department has illegally and in an unjust manner
retained the aforesaid amount deposited by the
petitioner.
II. Any other relief or reliefs for
petitioner may be deemed entitled to."
It is submitted at the Bar that the judgment dated
16.12.2021 passed in C.W.J.C. No. 2787 of 2020, titled as
Amarnath Singh Vs. The State of Bihar & Ors., (Annexure-3,
page-17) has attained finality and, as such, petition can be
disposed of with direction to respondent No. 3, namely The
Special Secretary-cum-Director, Mines and Geology
Department, Government of Bihar, Patna to afford similar
benefits to the petitioner as stands afforded to the petitioner in
C.W.J.C. No. 2787 of 2020 (supra) for the petitioner is entitled
to interest on the amount at the rate of 9% per annum.
While we dispose of the present petition, liberty
Patna High Court CWJC No.16377 of 2022 dt.02-12-2022
reserved to to the petitioner to approach respondent No. 3
venting out all grievances, including the ones agitated through
communication dated Nil (Annexure-2, page-15).
Surely, the officer shall consider the applicability of
the decision rendered in C.W.J.C. No. 2787 of 2020 (supra) and
take a decision in accordance with law.
Needful be positively done within a period of three
months from the date of production of a copy of the order.
We clarify that all issues of fact and law are left
open to be considered by the said respondent.
Also, liberty reserved to agitate the grievances,
should the need so arise.
Petition is disposed of in the aforesaid terms.
Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
K.C.Jha/-
AFR/NAFR
CAV DATE
Uploading Date 06.12.2022
Transmission Date
