Katyani Contractor Pvt. Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13056 of 2017 ====================================================== Katyani Contractor Pvt. Ltd. having its office at pareo, Bihta, P.S.- Bihta, District- Patna, through its Director, Ashok Kumar, Son of Late Ram Chandra Sah, Resident of village- Pareo, Bihta, P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Mines and Geology, Bihar, Patna. 3.

The District Magistrate, Nawada.

4.

The Assistant Director, Mines and Geology, Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Respondent/s :

Mr. Prashant Pratap,GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 26-04-2023 In the instant petition, petitioner has prayed for the following relief(s):- "1. That this application for issuance of an appropriate writ/ writs/ order(s) direction(s) for quashing the order contained in Memo No 545 dated 27.7.17 whereby and where under it has been illegally held that the auctioneer including the petitioner are responsible for the interest on E.M.D of second highest bidder and consequently a direction has been given to recover the said interest amount (which has to be paid to the second highest bidder) by the respondents/ from the petitioner otherwise a direction has been issued for cancellation of the allotment of the said lease hold area with respect to Block No 10 situated at Mauza Bhadhokara, DistrictNawada and further for quashing the order dated 22.8.17 issued by the Assistant Director, Mines, Nawada by which the

Patna High Court CWJC No.13056 of 2017(2) dt.26-04-2023 2/2 petitioner has been directed to deposit the first installment of the auction amount by 31.8.17 and to get the lease deed executed in form "D" otherwise the his settlement approval will be cancelled which is totally bad and illegal, as a huge quantity of stone mineral had already been extracted from the abovesaid Block No 10, by some illegal person and further for a direction to the respondent authorities to reduce the settlement/ auction amount proportionately so that the petitioner may deposit the same and get the lease deed executed and further for any other relief(s)/ for which the petitioner may dound entitled to for any other relief(s) for which the petitioner may found entitled to."

In view of later development that lease hold issue has been cancelled and it has been challenged by the petitioner in yet another litigation.

In view of these facts and circumstances, the present petition does not survive for consideration. Accordingly, the present writ petition stands disposed of.

(P. B. Bajanthri, J) (Arun Kumar Jha, J) shoaib/- U