Md. Masiha vs The State Of Bihar
2022 Latest Caselaw 113 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6548 of 2021
     ======================================================

Md. Masiha Son of Md. Abdul Haque Resident of Mohalla-Laukaha, P.S.- Laukaha, District -Madhubani.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary Cum Commissioner, Department of Mines and Geology, Government of Bihar, Patna.

2. The Joint Secretary Cum Director, Department of Mines and Geology, Government of Bihar, Patna.

3. The Collector, Madhubani.

4. The Senior Collector-Cum-Assistant Mining Officer, Madhubani.

5. The Mining Officer, Madhubani.

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

For the Petitioner/s : Mr. Ansul, Advocate Mr. Mohammad Sufyan, Advocate For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 04-01-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.6548 of 2021 dt.04-01-2022

After the matter was heard for some time, Shri

Ansul, learned counsel for the petitioner, under instructions

from the petitioner, states that petitioner's request, pending

consideration with the appropriate authority, may be directed

to be decided in accordance with law, more so, in the light of

the decision rendered by the learned Single Judge of this

Court in CWJC No. 17199 of 2016, titled as Md. Masiha Vs.

The State of Bihar & Ors.

Well, we do not express any opinion with regard

to the binding effect of the principle laid down in the case of

Md. Masiha (supra), but direct the appropriate authority to

consider the pending request of the petitioner dated

20.09.2019 (Annexure-6) by passing a reasoned and speaking

order.

As such, petition stands disposed of in the

following terms:-

(a) The appropriate authority shall consider and Patna High Court CWJC No.6548 of 2021 dt.04-01-2022

dispose of the petitioner's request (Annexure-6) expeditiously

by a reasoned and speaking order preferably within a period

of three months from the date of presentation of a copy of this

order;

(b) Needless to add, while considering such

request, principles of natural justice shall be followed and

due opportunity of hearing afforded to the parties;

(c) Opportunity of placing all materials, in

entirety, shall be granted to the parties;

(d) Also, the reasoned and speaking order passed

by the appropriate authority shall be supplied to the parties;

(e) Equally, liberty is reserved to the petitioner to

take recourse to such alternative remedies as are otherwise

available in accordance with law;

(f) 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;

(g) Liberty reserved to the petitioner to challenge

the order before the appropriate forum, should the need so rise

subsequently;

(h) We have not expressed any opinion on merits. Patna High Court CWJC No.6548 of 2021 dt.04-01-2022

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) Amrendra/KC Jha

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