Patna High Court
M/S. Mahadev Enclave Pvt. Ltd vs The State Of Bihar on 4 February, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15514 of 2023
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M/s. Mahadev Enclave Pvt. Ltd. a registered company having its registered
office at B- 37, Ayodhya Marg, Hanuman Nagar, Jaipur, Rajasthan through its
authorized representative namely Rajendra Singh male aged about 41 years
S/o Bahadur Singh R/o Village and P.O.- Sawnloda Ladkhani, Khuribadi,
District- Sikar (Rajasthan)- 332315.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Cum Commissioner,
Department of Mines and Geology, Govt. of Bihar, Patna.
2. The Principal Secretary Cum Commissioner, Department of Mines and
Geology, Govt. of Bihar, Patna.
3. The Director, Department of Mines and Geology, Govt. of Bihar, Patna.
4. The District Magistrate cum Collector, Nawadah.
5. The Assistant Director Mines, District Mining Office, Nawadah.
6. The Officer on Special Duty, Department of Mines and Geology, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
For the State : Mr. Gyan Prakash Ojha, GA-7
For the Mines : Mr. Naresh Dikshit, Spl. P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 04-02-2025
Heard Mr. Gautam Kumar Kejriwal, learned counsel
for the petitioner, Mr. Naresh Dikshit, learned Special Public
Prosecutor for the Mines Department and Mr. Gyan Prakash
Ojha, learned GA-7 appearing on behalf of the State.
2. The present writ petition has been filed for
the following reliefs;
(a) For issuance of a writ in the nature of
certiorari for quashing of the order dt.
issued vide memo number 4639/M dated
Patna High Court CWJC No.15514 of 2023 dt.04-02-2025
14.09.2023 by the respondent no. 6;
(b) For issuance of a writ or order or direction
upon the respondents to refund the interest
paid by the petitioner for the time being in
light of the Order dated 15.09.2020 passed in
C.W.J.C. number 7582 of 2020 as the
petitioner is not liable to pay such interest in
terms of rule 52 (5) of the Bihar Minor
Mineral Concession Rules, 1972 (hereinafter
referred to as the rules 1972 for short);
(c) For holding and a declaration that in terms
of section 3 (c) read with section 3(d) of the
Mines And Minerals (Development And
Regulation) Act, 1957 (hereinafter referred to
as the Act 1957 for short) and rule 25(2) of the
rules 1972 the liability for payment of
rent/royalty would commence from the date of
commencement of actual and physical mining
operation by the petitioner after obtaining all
clearances and permissions and not from the
date of execution of the lease deed;
(d) For further holding and a declaration that
acceptance of 1 installment at the time of
execution of lease deed in the year 2017 and
2nd installment in the month of January 2019
by the respondents without any action taken
for cancellation of settlement in terms of rules
52(5) of the rules and clause 24, 25 and 26 of
Part VII of the lease deed dt. 18.09.2017
constitute an implied extension of time and as
such no liability of interest would arise as per
the law laid down by the Hon'ble Supreme
Court in the matter of AIR - 2002-SC-2340 [R.
Patna High Court CWJC No.15514 of 2023 dt.04-02-2025
K. Saxena Vs DDA];
(e) For further holding and a declaration in the
alternative that the petitioner was prevented by
force majeure conditions as the required
licenses and clearances were pending from the
ends of statutory authorities and therefore the
respondents cannot approbate and reprobate at
the same time by initially refraining from any
step taken under rule 52(5) of the rules and by
raising demand of 2nd installment and interest
later which is also a situation covered by the
AIR 1956 SC 593/602 [Nagubhai Ammal Vs
B Shama Rao] -3 J, AIR 2010 -SC-2077
[Karam Kapahi and Others Vs Lal Chand
Trust and Others] and AIR 2009-SC-1783
[Badri Kedar Paper Pvt. Ltd Vs U.P
Electricity Regulatory Commission];
(f) For issuance of a writ or order or direction
restraining the respondents from taking any
coercive action against the petitioner for
recovery of the amount of interest in terms of
the impugned order dated 14.09.2013 passed
by the respondent number 2;
(g) For grant of any other relief or reliefs to
which the petitioner is found entitled to in the
facts and circumstances of the case.
3. Learned counsel for the petitioner submits that
petitioner's company has been awarded settlement of stone mines
at Nawadah for a period of 5 years from the date of execution of
agreement pursuant to the tender invited by the respondent
Department of Mines & Geology, Govt. of Bihar with respect to
Patna High Court CWJC No.15514 of 2023 dt.04-02-2025
block No. 1 in Razouli, Nawadah followed by issuance of letter
of acceptance bearing ref. no. 112/khanan dated 10.02.15 by the
respondent Assistant Director of Mines, Nawadah (respondent
no.5).
4. Learned counsel for the petitioner submits that as
per the requirement of Rule 21 of the Rules 1972 as well as
Clause 7 (iii) of the NIT the petitioner's company had to execute
lease deed in the statutory form D prescribed in the said rules. As
per the clause 53 of the lease deed in form D the petitioner filed
an application in the office of the respondent Collector on
02.01.2019 along with all the permissions and clearances granted
to the petitioner by various authorities. The office of the
respondent Collector granted permission vide letter dt.
03.03.2019 and after the permission granted by the respondent
Collector that the mining could start at the site and not before
that. Thus, there is a huge difference between the execution of
lease deed and execution of mining lease as contemplated under
rule 25(2) of the rules 1972.
5. Learned counsel for the petitioner submits that
the respondent Department of Mines and Geology called upon
the petitioner's company to deposit the second installment of the
settlement vide letter no. 23/khanan dated 05.01.2018. The
petitioner's company submitted an objection vide letter dated
Patna High Court CWJC No.15514 of 2023 dt.04-02-2025
23.01.2018 to such demand of the second installment by the
respondent Department of Mines and Geology. No response to
such objection and therefore the petitioner' company once again
submitted another representation dated 03.06.2018 requesting the
department to deem the period of commencement of lease in
question to be from the date of grant of CTE and CTO and also
for fixing the schedule for payment of second installment in the
year 2019. The petitioner's company has not received any
response from the respondent Department of Mines and Geology
all of sudden petitioner's company has received a letter no.
204/khanan dated 24.02.2020 from the office of the respondent
Assistant Director of Mines Nawadah whereby the inspection
report no. 23/2019-20 of the Accountant General (Accounts
Audit) was referred to and the demand of second installment with
interest was made for a sum of Rs. 2, 65, 54,000/- (Rupees two
crore sixty-five lakh fifty-four thousand only) from the petitioner.
6. Learned counsel for the petitioner submits
that the petitioner's company had already paid the first
installment before the execution of the lease deed on 18.09.2017.
The second installment was paid by the petitioner's company in
the month of January-February 2019 in anticipation of final work
order from the respondent District Collector which was actually
provided on 03.03.2019. The petitioner's company further
Patna High Court CWJC No.15514 of 2023 dt.04-02-2025
deposited the third installment on 30.01.2020. The petitioner has
challenged the action of the respondent no.5 dated 24.02.2020 in
C.W.J.C. No. 7582 of 2020 seeking quashing of the said demand
and the same was disposed of with a direction upon the
petitioner's company to pay the principal amount of second
installment along with interest for two months in three equal
monthly installments and also granted liberty to represent before
the respondent no.2 as regards the issue of liability of interest for
rest of the period as demanded in the letter no. 204/khanan dated
24.02.2020. In compliance of the order dated 15.09.2020, the
petitioner's company has submitted a detailed representation in
the office of the respondent No. 2 and also paid the amount
equivalent to second installment with interest in the manner as
directed by this Hon'ble Court.
7. Learned counsel for the petitioner submits
that the petitioner's company have received a letter number
3191/M, Patna dated 02.12.2020 issued by the Development
whereby the petitioner's company was intimated of rejection of
the representation submitted in light of the order of this order
dated 15.09.2020 passed in C.W.J.C. No. 7582 of 2020.
Petitioner has received another letter no. 103/Khanan dated
15.01.2021 whereby the respondent was issued a demand notice
of payment of Rs. 1,20,70,643/- (Rupees one crore twenty lakh
Patna High Court CWJC No.15514 of 2023 dt.04-02-2025
seventy thousand six hundred forty-three only) being balance of
the amount payable against interest. The petitioner's company
has challenged the same in C.W.J.C. No. 5242 of 2021 and the
same was disposed of vide order dated 13.07.2023 whereby the
petitioner's company was directed to file a representation before
the respondent no.2 afresh with a direction to the said respondent
to take a decision within a time frame.
8. Learned counsel for the petitioner submits
that the petitioner has filed a detailed representation along with
additional representation in the office of the respondent no.2 in
light of the order dated 13.07.2023 passed in C.W.J.C. No. 5242
of 2021, the Miscellaneous Case No. 03 of 2023 was registered
in the office of the respondent no.2 but without considering the
question of law raised by the petitioner, the respondent no.2 has
disposed of the representation of the petitioner vide order dt.
14.09.2023 and has confined himself to the issue of entitlement
of petitioner to sympathetic consideration and further to an
accommodation for payment of the amount of interest in
installments.
9. Learned Spl. P.P. for the Mines Department as
well as learned GA-7 for the State, on other other hand, have
vehemently opposed the prayer of the petitioner and Mines
Department has filed a counter affidavit referring paragraph
Patna High Court CWJC No.15514 of 2023 dt.04-02-2025
no.16 of the order dated 13.07.2023 passed in C.W.J.C. No. 5242
of 2021 which is being reproduced hererinbelow;
"This court finds force in the submission
put forward by the learned Junior Counsel
to the Special PP Mines, the letter of
agreement was very clear and the
petitioner was to make payment by 31st of
January every calendar year by way of
2nd, 3rd, 4th and 5th installment and it is
also clear that it defaulted which came to
be paid only on 13th October of 2020
after the order of this court in CWJC No.
7582 of 2020. So far as grievances of the
order having not been passed by the
respondent no. 2, the Principal Secretary
-cum- Commissioner, Department of
Mines and Geology, Bihar Patna, this
Court is of the view that the order shows
that same has been communicated to the
petitioner on the direction of the Principal
Secretary (Niredeshaanushar) which is
present in the order.
Learned Spl. P.P. for the Mines Department submits that in view
of the aforesaid paragraph, the respondent-Mines Department
has only limited issue to look upon the representation of the
petitioner and the same was considered and due opportunity of
being heard was given to the petitioner. The Hon'ble court has
clearly observed that the letter of agreement was very clear and
the petitioner was legally bound to make payment by 31st of
Patna High Court CWJC No.15514 of 2023 dt.04-02-2025
January every calendar year by way of 2nd, 3rd, 4th and 5th
installment and it was also found that installment was defaulted
and it was also observed that the petitioner was legally bound to
make payment of installment by 31st January of every calendar
year for five years and the petitioner had defaulted in making
such payment, and finally the Hon'ble court ordered the
petitioner to approach Principal Secretary, Department of Mines
and Geology on very limited issue that:
(I) Whether any sympathetic consideration to the prayer of the
petitioner to waive of the interest part for the delayed payment
can be allowed or not, and;
(ii) If the same cannot be allowed, whether the same can be taken
by way of installment or not.
10. Learned GA-7 for the State submits that the
Mines Department has considered the same and after hearing the
learned advocate appearing on behalf of the petitioner and after
having scrutinized the facts and circumstances of the case, a
reasoned order dated 13.09.2023 passed in the light of Bihar
Minor Mineral Concession Rules, 1972, Bihar Mineral
(Concession, Prevention of Illegal Mining, Transportation and
Storage) Rules, 2019 and the agreement made with petitioner and
despite of direction by this Hon'ble Court the petitioner was
allowed to pay the recoverable dues in three equal installments.
Patna High Court CWJC No.15514 of 2023 dt.04-02-2025
From a bare perusal of the order dated 13.07.2023 it is clear that
the Hon'ble Court did not accept to the contention of the
petitioner and had decided the matter in favour of respondent
State of Bihar and as such the petitioner now has no locus standi
to raise same issues in the present writ petition.
11. Having heard the learned counsel for the
parties and perused the documents available on the record and in
view of the paragraph nos.16, 17 & 18 of the order dated
13.07.2023 passed in C.W.J.C. No. 5242 of 2021, the authority
has rightly passed the order in compliance of the order dated.
13.07.2023 passed in C.W.J.C. No. 5242 of 2021.
12. Accordingly, no interference is required in the
present matter.
13. Accordingly, the writ petition is dismissed.
(Rajesh Kumar Verma, J)
ajay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.02.2025
Transmission Date NA
