M/S Brahmcharini Construction ... vs The State Of Bihar, Through The ...
2022 Latest Caselaw 54 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.10725 of 2021

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M/s Brahmcharini Construction LLP a Limited Liability firm formed under

the Limited Liability Partnership Act, 2008, through its partner Deepak

Kumar, aged about 26 years (male), son of Akhileshwar Prasad Verma,

Resident of Village Dhanaut, P.S. Rupaspur, 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 Patna High Court CWJC No.10725 of 2021 dt.04-01-2022

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

Heard learned counsel for the parties.

The 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. 1,23,53,500/- tendered

by the petitioner for Sand Ghat no 34 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 Patna High Court CWJC No.10725 of 2021 dt.04-01-2022

amount of Rs. 1,00,000/- tendered by the

petitioner for grant of approval of mining

plan to the Respondents for Sand Ghat no 34

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 activity at Sand Ghat no

34 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

14.09.2020passed by the National Green Patna High Court CWJC No.10725 of 2021 dt.04-01-2022

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 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.10725 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.10725 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.10725 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