Patna High Court
Raj Kumar Singh, Raja ... vs The State Of Bihar on 20 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20650 of 2021
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Raj Kumar Singh, Raja Construction Pvt. Ltd. through its Managing Director,
Raj Kumar Son of Prem Dhari Singh, Male aged About 46 Years, Resident of
House No.A16, Bank of India Colony, Indrapuri, Raj Bazar, Rukanpura, B.V.
College, Patna-800014.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Prohibition Excise and
Registration Department, Government of Bihar, Vikash Bhawan, Bailey
Road, Patna.
2. The Principal Secretary, Prohibition Excise and Registration Department,
Government of Bihar, Vikash Bhawan, Bailey Road, Patna.
3. The Additional Secretary, Prohibition Excise and Registration Department,
Government of Bihar, Vikash Bhawan, Bailey Road, Patna.
4. The Sub Registrar, District Registry Office, Sheikhpura.
Respondent 1st set
5. The Principal Secretary, Mines and Geology Department, Government of
Bihar, Vikash Bhawan, Bailey Road, Patna.
6. The Additional Secretary, Mines and Geology Department, Government of
Bihar, Vikash Bhawan, Bailey Road, Patna.
7. The Assistant Director, Mines and Geology Department, Government of
Bihar, Vikash Bhawan, Bailey Road, Patna.
8. The District Magistrate-Cum-Collector, Sheikhpura.
9. The Mineral Development Officer Sheikhpura.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Kunal Tiwary, Advocate
For the Respondent/s : Mr.Gyan Prakash Ojha (Ga7)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through
Video Conferencing and the Advocates joined the proceedings
through Video Conferencing from their residence.)
Date : 20-01-2022
Heard learned counsel for the parties.
Petitioner has prayed for following reliefs:-
Patna High Court CWJC No.20650 of 2021 dt.20-01-2022
(I) For issuance of an appropriate writ/writs,
order/orders, direction/directions in the nature of
mandamus directing and commanding the respondent
authorities to consider the representation of the
petitioner dated 29.11.2021 whereby and
whereunder the petitioner has requested the Mineral
Development Officer, Sheikhpura to accept the
payment of 2nd installment of the Royalty amount of
Rs.5,40,00,000/- (Rupees Five Crore Forty Lakh) in
two equal installmetns as per the request of the
petitioner made vide his representation dated
29.11.2021.
(ii) For issuance of writ in the nature of
mandamus directing and commanding the respondent
authorities for not to charge interest for the delay in
payment of 2nd Annual installment as the delay is not
attributable to the petitioner, rather the delay is on
account of the inaction of the concerned respondent
authorities.
(iii) For issuance of an appropriate writ,
order or direction in the nature of mandamus
commanding the respondents not to take any
coercive steps against the petitioner for the delay in
payment of 2nd Annual installment.
(iv) For any other relief/reliefs for which the
petitioner is entitled to."
After the matter was heard for some time, learned counsel
for the petitioner, under instructions, states that petitioner shall
Patna High Court CWJC No.20650 of 2021 dt.20-01-2022
be content if the present petition is disposed of with a direction
issued to appropriate authority, respondent no.9, the Mineral
Development Officer Sheikhpura to consider and decide the
representation to be filed within four weeks along with a copy
of this order, within a period of three months from the date of
its presentation.
Learned counsel for the respondent State states that if
the representation is filed within the time stipulated, the same
shall be considered and decided positively within a period of
three months.
Statement accepted and taken on record.
Needless to say that while considering such request,
principles of natural justice shall be followed and due
opportunity of hearing afforded to the parties.
If aggrieved by the said order, the petitioner shall
have liberty to approach this Court by way of separate
petition(s), if so required and desired.
Equally, liberty is reserved to the petitioner to take
recourse to such alternative remedies as are otherwise available
in accordance with law.
We are hopeful that as and when petitioner takes
recourse to such remedies, as are otherwise available in law,
Patna High Court CWJC No.20650 of 2021 dt.20-01-2022
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch.
Without expressing any opinion on merits of the claim
and leaving all issues on facts and law open, the petition stands
disposed of in the aforesaid terms.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.01.2022
Transmission Date NA
