Broad Son Commodities Pvt. Ltd vs The State Of Bihar
2022 Latest Caselaw 4 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.8594 of 2021
     ======================================================

Broad Son Commodities Pvt. Ltd. a Company incorporated under the provisions of the Companies Act, 1956 having its registered office at Dr. Himanshu Complex, Block Road, Koilwar Chowk, P.s.- Koilwar, Dsitrict- Ara (Bhojpur), through its Director Ashok Kumar, aged about 64 years (Male), Son of Ram Chandra Saw, resident of village/Mohalla- Pareo, P.s.- Bihta, District- Patna ... Petitioner Versus

1. The State of Bihar through the Principal Secretary cum Mines Commissioner, Department of Mines and Geology, Vikas Bhawan, Bailey Road, Patna

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

3. The Director, Department of Mines and Geology, Vikas Bhawan, Bailey Road, Patna

4. The Assistant Director, Department of Mines and Geology, Vikas Bhawan, Bailey Road, Patna ... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Suraj Samdarshi, Adv.

     For the State               :      Ms Kalpana, Adv.
     For the Mining Department   :      Mr. Naresh Dixit, Spl. P.P.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 03-01-2022

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

"(i). To issue an appropriate writ, order or direction in the nature of commanding the Respondents to cancel all the stockist licenses in Form-K issued under Rules 39(1) of the Bihar Minerals (concession, Prevention of Illegal Mining, Transportation & Storage) Rules2019, to persons other than the settleee of sand ghats in the District of Bhojpur.

(ii). This Hon'ble Court may adjudicate and hold that only a mineral concession holder/settlee of sand ghat is authorised to sell sand in accordance with Rule 29 Patna High Court CWJC No.8594 of 2021 dt.03-01-2022

E of the Bihar Minerals (concession, Prevention of Illegal Mining, Transportation & Storage) Rules 2019.

(iii). This Hon'ble Court may adjudicate and hold that only a mineral concession holder/settlee can obtain a stockist license in Form K under Rule 39(1) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019.

(iv) This Hon'ble court may adjudicate and hold that Rule 39 (1) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 is subject to Rule-29E of thereof and therefore, stockist license in Form K can be obtained only by a settlee.

(v) This Hon'ble Court may adjudicate and hold that the action of the respondents in issuing stockist licenses in From K to persons other than settle, is in violation of the Mines & Minerals (Development & Regulation) Act, 1957 and Bihar Minerals (Concession, Prevention of illegal Mining, Transportation & Storage) Rules, 2019 which do not allow sale of sand by any person other than a mineral concession holder/settlee."

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 authority concerned

to consider and decide the representation which the petitioner shall

be filing within a period of four weeks for redressal of the

grievance(s).

Patna High Court CWJC No.8594 of 2021 dt.03-01-2022

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 three 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 in the following

terms:-

(a) Petitioner shall approach the authority concerned

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 three months from the date of its

filing along with a copy of this order;

(c) Needless to add, while considering such

representation, principles of natural justice shall be followed and

due opportunity of hearing afforded to the parties;

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

take recourse to such alternative remedies as are otherwise

available in accordance with law;

(e) 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;

Patna High Court CWJC No.8594 of 2021 dt.03-01-2022

(f) Liberty reserved to the petitioner to approach the

Court, if the need so arises subsequently on the same and

subsequent cause of action;

(g) We have not expressed any opinion on merits of

the matter. All issues are left open;

(h) We expect that the appropriate authority shall

consider and decide the petitioner's application/request

expeditiously and preferably within a period of three months from

the date of its presentation.

The petition stands disposed of in the aforesaid

terms.

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

( Sanjeev Prakash Sharma, J)

Shamshad/KC Jha AFR/NAFR N.A.F.R.

CAV DATE                  NA
Uploading Date            05.01.2022
Transmission Date         NA