M/S Madan Lal Chandak And Sons vs The State Of Bihar
2025 Latest Caselaw 1408 Patna

Patna High Court

M/S Madan Lal Chandak And Sons vs The State Of Bihar on 28 January, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2415 of 2023
     ======================================================
     M/s Madan Lal Chandak and Sons a partnership firm having its permanent
     place of business at 260- New Dhan Mandi, Shri Gaganagar, Rajasthan-
     335001 through its authorized signatory namely Anil Kumar Ojha male aged
     about 31 years son of Jagdish Prashad Ojha resident of near Majisa Temple,
     Chopra Bari, Ganga Shaher, Bikaner, Rajasthan- 334401.

                                                              ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Additional Chief Secretary, Department of
     Mines and Geology, Govt. of Bihar, Patna.
2.   The Bihar State Mining Corporation Ltd through its Chief Executive Officer,
     Bihar, Patna.
3.   The Chief Executive Officer, Bihar State Mining Corporation Ltd, Bihar,
     Patna.
4.   The General Manager, Bihar State Mining Corporation Ltd, Bihar, Patna.
5.   The Administrative Officer, Bihar State Mining Corporation Ltd, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Gautam Kumar Kejriwal
     For the Respondent/s   :      Mr. Gyan Prakash Ojha (Ga7)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                         ORAL JUDGMENT

Date : 28-01-2025

Heard learned counsel for the petitioner, learned GA 7

for the State and learned counsel for the Mines Department.

2. Learned counsel for the petitioner outrightly

submits that petitioner has not prayed for the relief 'C' in the

present writ petition. He further submits that in view of the

stand taken by the Mines Department in paragraph- 7 of the

counter affidavit, the writ petition may disposed of. The

paragraph no. 7 of the counter affidavit is quoted hereinbelow:

"7. That at the outset, it is humbly Patna High Court CWJC No.2415 of 2023 dt.28-01-2025

submitted that the petitioner has already extracted the prescribed amount of sand which comes to a total of 123486 MT in the entire duration of the contract which is evident from the document dated 02.11.2022 pertaining to Program Management Unit signed by Baidya Nath Pandey, Programmer, and hence, the petitioner has not suffered any losses or legal damage. Therefore, the petitioner's claim for any compensation of refund proportionate to 41 non-working days is not sustainable in the eye of law."

3. In view of the stand taken by the respondents in

their counter affidavit as mentioned in Paragraph-7 of the

counter affidavit, the present application stands disposed of.

(Rajesh Kumar Verma, J)

Ranjeet/-

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Uploading Date          01.02.2025
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