M/S Shahnawaz Stone Works v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11563 of 2017 ====================================================== M/s Shahnawaz Stone Works Son of Irshad Ali Khan, resident of villageMoraaninia, P.O.- Dariaura, P.S.- Amas, District- Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

The Commissioner, Department of Mines and Geology, Bihar, Patna. 4.

The Joint Secretary, Department of Mines and Geology, Bihar, Patna. 5.

The District Magistrate, Gaya.

6.

The Assistant Director, Department of Mines and Geology, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Respondent/s :

Mr. Sanjeet Kr. Singh, AC to AAG-6 For the Mines :

Mr. Naresh Dixit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-07-2023 No one appears on call although, the respondent counsels are present.

The instant writ application is directed for issuance of an appropriate writ/ writs for the following reliefs: (i) for a direction upon the respondents to bring on record the Order of the District Magistrate, Gaya dated 24/10/13 and for quashing of the said order dated 24/10/13 as well as the consequential Notice, issued by the Assistant Director, Department of Mines and Geology, Gaya contained in Letter No.1309 dated 26/07/16;

(ii) for quashing of the order dated 23/05/17 passed in

Patna High Court CWJC No.11563 of 2017(2) dt.27-07-2023 2/2 Rev. Case No.06/16, by The Commissioner, Department of Mines and Geology, Bihar, Patna;

(iii) for a consequential direction upon the respondents to accept the balance license fee from the petitioner and to allow him to work under License No. 138/03 granted vide Letter No. 1106 dated 31.08.03.

A counter-affidavit on behalf of respondent nos. 5 and 6 namely, the District Magistrate, Gaya and the Assistant Director, Department of Mines and Geology, Gaya is/are on record in which letter no. 1484 dated 22.07.2017 has been attached as Annexure-A by which an order has been passed. This counter-affidavit was filed on 06.10.2017 after serving copy upon the learned counsel for the petitioner. There is no rejoinder and/or any Interlocutory petition.

In that view of the matter, the writ petition stands dismissed.

(Rajiv Roy, J) kiran/- U