← Library
Patna High CourtCWJC/8623/2017withdrawn

Babban Kumar Singh @ Babban Singh v. The State Of Bihar And ORS

2020-01-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8623 of 2017 ====================================================== Babban Kumar Singh @ Babban Singh Son of Late Radha Singh, Resident of Village- Varwar, Post Varvar, P.S. Muffasil, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Certificate Officer cum Deputy Director Mines and Minerals, Munger Anchal, Munger.

3.

The Assistant Mines and Minerals Cum Inspectors, Begusarai. 4.

The Director Mines and Minerals, Patna.

5.

The Deputy Directors Mines and Minerals, Patna. 6.

The District Mines and Minerals Officer, Begusarai. 7.

The District Magistrate, Begusarai.

8.

The Circle Officer Sadar, Begusarai.

9.

The Superintendent of Police, Begusarai.

10.

The Police Station Muffasil, Begusarai.

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

For the Petitioner/s :

Mr.Raghu Nath Singh For the State :

Mr.Prashant Pratap- Gp2 For the Mines : Mr. Naresh Dixit, Spl. P.P. Mines ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-01-2020 Heard both sides.

The petitioner seeks quashing of the order dated 22.12.2015 passed in Certificate Case No. 02 of 2011-12 directing the petitioner to deposit Rs. 1,05, 205/- in the head of royalty under Section 4 and 26A of Bihar Minor Concession Rules, 1972.

The learned counsel for the petitioner submits that petitioner is not the owner of brick kiln but only notice is issued

Patna High Court CWJC No.8623 of 2017(2) dt.23-01-2020 2/2 to the petitioner and petitioner has got opportunity to file petition u/s 9 of Public Demand and Recovery Act before the Certificate Officer. On such, the learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file petition u/s 9 of Public Demand and Recovery Act before the Certificate Officer.

In this view of the fact, this writ petition is disposed of with a liberty to the petitioneer to file petition u/s 9 of Public Demand and Recovery Act before the Certificate Officer and if such a petition is filed the Certificate Officer shall dispose of the same within three months from the date of filing of the petition. With the aforesaid direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) BKS/- U