Patna High Court
Chandan Kumar vs The State Of Bihar on 4 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10961 of 2021
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Chandan Kumar, 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, Aurangabad.
6. The District Mining Officer, Aurangabad.
... ... 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)
Patna High Court CWJC No.10961 of 2021 dt.04-01-2022
(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
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.
82,58,000/- tendered by the petitioner for Sand
Ghat no 30 in the district of Aurangabad 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 30 in the district of Aurangabad.
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
Patna High Court CWJC No.10961 of 2021 dt.04-01-2022
activity at Sand Ghat no 30 in the district of
Aurangabad 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
06.11.2020passed 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 which the
Petitioner may be found entitled to in the facts
and circumstances of the case."
Sri Naresh Dixit, learned counsel for the respondents
Patna High Court CWJC No.10961 of 2021 dt.04-01-2022
places on record the government decision dated 10.12.2021,
which reads as under:-
Patna High Court CWJC No.10961 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
pescribe 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.
The instant petition stands disposed of in the aforesaid
terms.
Patna High Court CWJC No.10961 of 2021 dt.04-01-2022
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
