M/S Balaji Enterprises vs The State Of Bihar
2022 Latest Caselaw 51 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.11339 of 2021
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M/s Balaji Enterprises a proprietorship firm, through its proprietor Jeevan Kumar, aged about 42 years (Male), Son of Ashok Kumar, Resident of village- Pareo, P.s.- Bihta, District- Patna

... ... Petitioner/s Versus

1. The State of Bihar through the Principal secretary, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna

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

3. The Special Secretary cum Director, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna

4. The Additional Secretary cum Director, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna

5. The District Magistrate, Lakhisarai

6. The District Mining Officer, Lakhisarai

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Suraj Samdarshi, Advocate

For the Respondent/s : Mr. Naresh Dikshit, Advocate

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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 : 04-01-2022 Patna High Court CWJC No.11339 of 2021 dt.04-01-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief/s :-

"i) To issue an appropriate writ, order or

direction in the nature of mandamus directing the

Respondents to refund the security deposit of Rs. 2,

15,48,200/- tendered by the petitioner for Sand Ghat

no 11 in the district of Lakhisarai in compliance

with Clause 7 (iii) of the Tender document pursuant

to being declared the highest bidder for the same in

the auction conducted for settlement of sand ghats

for the period 2020 - 2024.

ii) To issue an appropriate writ, order or

direction in the nature of mandamus directing the

Respondents to refund the amount of Rs. 1,00,000/-

tendered by the petitioner for grant of approval of

mining plan to the Respondents for Sand Ghat no 11

in the district of Lakhisarai.

iii) This Hon'ble may further adjudicate

and hold that the since the Respondents have failed

to fulfill their reciprocal obligations under the tender

document, viz a viz, obtaining environmental

clearance, preparation of mining plan and issuance

of work order in favour of the petitioner allowing

the petitioner to commence mining activity at Sand Patna High Court CWJC No.11339 of 2021 dt.04-01-2022

Ghat no 11 in the district of Lakhisarai till date, the

same amounts to repudiation of contract by the

Respondents and the petitioner is entitled for refund

of the security deposit.

iv) This Hon'ble Court may adjudicate

and hold that the contract between the petitioner and

the State of Bihar stands frustrated in light of the

judgment dated 14.09.2020 passed by the National

Green Tribunal in O.A. No. 40 I 2020 (Pawan

Kumar vs The state of Bihar) and O.A. No. 57 I

2020 (Md. Rizwan Vs Union of India) quashing the

District Survey Reports prepared in the year 2018

and 2019 for the district of Banka and declaring all

actions taken pursuant thereto to be nullity; and also

in light of order dated 06.11.2020 passed in O.A.

No. 62 I 2020 and analogous cases directing the

Respondents to withhold further actions for

settlement of sand ghats.

v) This Hon'ble Court may further

adjudicate and hold that the action of the

Respondents in not refunding the security deposit to

the petitioner is bad in law and tantamounts to abuse

of authority/power vested in them.

vi) To grant any other relief or reliefs Patna High Court CWJC No.11339 of 2021 dt.04-01-2022

which the Petitioner may be found entitled to in the

facts and circumstances of the case.

Sri Naresh Dixit, learned counsel for the respondents

places on record the government decision dated 10.12.2021,

which reads as under:-

Patna High Court CWJC No.11339 of 2021 dt.04-01-2022

In view of the same, we do not find any necessity of

adjudicating the issues raised in the present petition. However,

Sri Suraj Samdarshi, learned counsel for the petitioner states

that the government's notification, reproduced (supra), does not

prescribe any time limit for refund of the amount.

Sri Dixit states that needful shall be done at the

earliest.

At this stage, Shri Suraj Samdarshi, learned counsel

for the petitioner states that petitioner be permitted to approach

the appropriate authority for award of interest.

Prayer allowed.

Patna High Court CWJC No.11339 of 2021 dt.04-01-2022

The instant petition stands disposed of in the aforesaid

terms.

Interlocutory Application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Ashwini/K.C.Jha AFR/NAFR CAV DATE Uploading Date 07.01.2022 Transmission Date