Prabhanjan Kumar Prabhangan vs The State Of Bihar
2022 Latest Caselaw 391 Patna

Citation : 2022 Latest Caselaw 391 Patna
Judgement Date : 13 January, 2022

Patna High Court

Prabhanjan Kumar Prabhangan vs The State Of Bihar on 13 January, 2022

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.14574 of 2019
     ======================================================

Prabhanjan Kumar Prabhangan S/o Ram Chalitar Yadav Vill.- Jagarnathpur, P.S.- Chandauti, Distt.- Gaya, Bihar

... ... Petitioner/s Versus

1. The State of Bihar

2. The Principal Secretary Mines-cum-Mines Commissioner Govt. of Bihar, New Secretariat, Patna

3. The District Collector Gaya

4. The Additional District Collector Gaya

5. The Under Secretary to the Government Dept. of Mines and Geology, Govt.

of Bihar, Patna

6. The Assistant Director Mines and Geology, Gaya

7. The District Mining Officer, Gaya

8. The Sub-Divisional Officer Gaya Sadar, Gaya

9. The Circle Officer Town Block, Gaya

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

For the Petitioner/s : Mrs. Sudha Chandra, 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) ======================================================= (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 : 13-01-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.14574 of 2019 dt.13-01-2022

3. Petitioner contends that petition under Section 45

of the Bihar Minor Mineral Concession Rules, 1972 was filed Patna High Court CWJC No.14574 of 2019 dt.13-01-2022

on 14th of February, 2019, which is yet pending and despite the

report called for by the concerned officer from the subordinate

authorities, no information is furnished and the petition is kept

pending.

It is the petitioner's case that petitioner's lease for

mining the sand stood cancelled only on the ground that there

was a temple within the leased area, but, however, subsequently,

the very same plot, without any change of attending

circumstance, was allotted by way of plant/lease to a third party.

As such, action of the respondent is not only arbitrary, but

illegal. It is further contended that the authorities are sitting over

the application which they are duty bound to decide

expeditiously in accordance with law.

Shri Surendra Singh, learned counsel for the

petitioner invites our attention to the counter affidavit wherein

the factum of grant of lease to a third party stands admitted.

However, in so far as disposal of the petitioner's application is

concerned, the response is evasive.

Having considered the rival contentions of the

parties, including the maintainability of the present petition, on

account of non-impleadment of the private party, we are of the

considered view that interest of justice would be best met with Patna High Court CWJC No.14574 of 2019 dt.13-01-2022

the direction to the Respondent No. 2 namely the Principal

Secretary, Mines-cum-Mines Commissioner, Govt. of Bihar,

New Secretariat, Patna to positively take a decision on the

petitioner's application pending consideration.

6. As such, petition stands disposed of in the

following terms:-

(a) Respondent No. 2 namely Principal Secretary,

Mines-cum-Mines Commissioner, Govt. of

Bihar, New Secretariat, Patna shall positively

take a decision on the petitioner's application

pending consideration, after affording

opportunity to all concerned, including in whose

favour third party rights stands created;

(b) The said respondent shall consider and dispose

of the petitioner's application 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;

(c) Needless to add, while considering such

application, principles of natural justice shall be

followed and due opportunity of hearing

afforded to the parties;

Patna High Court CWJC No.14574 of 2019 dt.13-01-2022

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

materials/documents shall be granted 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;