Patna High Court
Paropkar Consultant Private ... vs The State Of Bihar on 19 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5635 of 2022
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Paropkar Consultant Private Limited, a Company registered under the
companies Act, having its office at village Bag Majhauwan, P.S. Koilwar,
District - Bhojpur, through its authorized signatory, Bablu Kumar, aged about
38 years, Son of Sri Yogendra Singh, Resident of Bag Majhauwan, P.S. -
Koilwar, Town and District - Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Commissioner - Cum - Principal Secretary,
Department of Mines and Geology, Government of Bihar, Vikas Bhawan,
Bailey Road, Patna - 800001.
2. The Principal Secretary Cum Commissioner Mines, Department of Mines
and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna -
800001.
3. The Director, Mines and Geology Department, Government of Bihar, Vikas
Bhawan, Bailey Road, Patna.
4. The Assistant Director, Department of Mines and Geology, Government of
Bihar, Vikas Bhawan, Bailey Road, Patna.
5. The District Magistrate - Cum - Collector, Bhojpur.
6. The Mineral Development Officer, Bhojpur.
7. The Mines Inspector, District Mining Office, Bhojpur.
8. The Bihar State Mining Corporation Limited, Through its Managing
Director, Room No. 164, Vikas Bhawan, (New Secretariate), Bailey Road,
Patna 800015.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Suraj Samdarshi, Advocate
Mr. Avinash Shekhar, Advocate
Mr. Vijay Shanker Tiwari, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
Mr. Naresh Dixit, Spl. P.P. Mines
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 19-05-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.5635 of 2022 dt.19-05-2022
"(i) For issuance of a writ, order or direction in
the nature of certiorari for quashing letter no. 1729
dated 28.03.2022 issued by Respondent District
Magistrate, Bhojpur, whereby a penalty of Rs.
10,00,000/- has been imposed upon the petitioner for
alleged irregularity in mining activity at Cluster No. 09.
Lodipur Sandghat in the district of Bhojpur.
(ii) This Hon'ble Court may adjudicate and hold
that the action of the Respondent Authorities in
imposing a penalty upon the petitioner is in violation of
the principles of natural justice as the same has been
levied without issuance of an express show cause in
this regard and affording a reasonable opportunity to
the petitioner to rebut the allegations levelled against it.
(iii) This Hon'ble Court may further adjudicate
and hold that the action of Respondents in this matter is
violative of the principles of natural justice inasmuch
as the alleged inspection dated 27.03.2022 has not been
conducted in presence of the Petitioner and the
petitioner has not been provided the alleged inspection
report, on the basis of which penalty of Rs. 10,00,000/-
has been levied.
(iv) This Hon'ble Court may adjudicate and hold
that the action of the Respondents in this matter is
completely unjustified and unwarranted.
(v) To award any other relief or reliefs for which
the Petitioner is found entitled in the facts and the
circumstances of the case."
After the matter was heard for some time, finding
Patna High Court CWJC No.5635 of 2022 dt.19-05-2022
the Court not to be in favour with the submissions made
across the Bar, learned counsel for the petitioner, under
instructions, states that the petitioner shall be content if the
petitioner is permitted to withdraw the present petition
reserving liberty to initiate appropriate proceedings before
the appropriate forum, and/or take recourse to such other
alternative remedies, equally efficacious in law.
Permission granted.
We are sure that as and when any such
proceedings are initiated, the same shall be considered and
decided expeditiously, in accordance with law.
Needless to add, the authorities/adjudicative body
shall pass a reasoned order in accordance with law.
It is made clear that we have not expressed any
opinion on merits. All issues are left open.
The petition stands disposed of as withdrawn
with the liberty aforesaid.
Interlocutory Application(s), if any, shall stand
Patna High Court CWJC No.5635 of 2022 dt.19-05-2022
disposed of.
(Sanjay Karol, CJ)
(Satyavrat Verma, J)
Amrendra/PKP
AFR/NAFR
CAV DATE
Uploading Date 20.05.2022
Transmission Date
