Raghwendra Kumar Singh vs The State Of Bihar
2022 Latest Caselaw 2863 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.4834 of 2022
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Raghwendra Kumar Singh Son of Sri Diwakar Singh Resident of Village and P.O.-Lahthan, Police Station-Agiaon Bazar, District-Bhojpur at Ara a Partner of M/S Raj Fun N Art, Head Office, Quarter NO. B-1340, Sector-2, HEC Colony, Dhruwa Ranchi, Jharkhand Local Office House NO.-3409, Village and P.O. Dhandiha, POlice Station-Koilwar, District-Bhojpur, Ara.

... ... Petitioner/s Versus

1. The State of Bihar throgh the Principal Secrerary, department of Mines and Geology, Govt. of Bihar, Patna.

2. The Principal Secreary, Department of Mines and Geology, Govt. of Bihar, Patna.

3. The Collector-Cum-District Magistrate, Bhojpur, Ara.

4. The Assistant Director, Mines, Bhojpur, Ara.

5. The District Mines Officer, Bhojpur, at Ara.

6. The Sub-Divisional Magistrate, Ara Sadar, District-Bhojpur at Ara.

7. The Circle Officer, Koilwar, District-Bhojpur at Ara.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Prasad Singh, Advocate Mr. Abhishek, Advocate For the Respondent/s : Mr. Gyan Prakash Ojha (GA 7) Mr. Naresh Dixit, Spl. P.P. Mines ====================================================== 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 : 13-05-2022

Heard learned counsel for the parties. Patna High Court CWJC No.4834 of 2022 dt.13-05-2022

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

Learned counsel for the respondents opposes the

present petition on the ground that a statutory remedy by

way of an appeal is available to the petitioner.

In this view of the matter, learned counsel for

the petitioner does not press the present petition reserving Patna High Court CWJC No.4834 of 2022 dt.13-05-2022

liberty to prefer an appeal.

Liberty granted.

We clarify that since the petitioner has been

pursuing the remedy before this Court, the issue of

limitation, as is so stated by the learned counsel for the

Mining Department, shall not come in the way of the

adjudication of the appeal on merits.

The instant petition stands disposed of as

withdrawn in the aforesaid terms.

Interlocutory Application(s), if any, stands

disposed of.

(Sanjay Karol, CJ)

(S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 16.05.2022 Transmission Date