Ram Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6370 of 2020 ====================================================== Ram Kumar Singh son of Anandi Prasad Singh resident of village- Saidpur Tola Goriyar, P.o.- Saidpur Dabra, P.s.- Bhagalpur, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Principal Secretary-cum-Mines Commissioner, Mines and Geology Department, Government of Bihar, Patna 3.

The Joint Secretary-cum-Director, Mines and Geology Department, Government of Bihar, Patna 4.

The District Magistrate, Gaya, District- Gaya 5.

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

For the Petitioner/s :

Mr.Ratnakar Pandey, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha Ga7 For the Mines :

Mr. Naresh Dikshit, Spl. P.P. Mines ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE S. KUMAR) 15-11-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief:- (I) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the respondent authorities to refund the amount of Rs.35,59,800/- to the petitioner as deposited by the petitioner in the shape royalty and security money against settlement of lease made in favour of the petitioner by the respondent no.4 with respect to two acres of land situated at Mauza- Samaspur within the District of Gaya on the ground that even after settlement of mining lease to the petitioner, the respondents had not permitted for mining in the said lease area and subsequently cancelled the

Patna High Court CWJC No.6370 of 2020(2) dt.15-11-2021 2/2 lease on frivolous charges.

(ii) For issuance of any other appropriate writ / writs, order / orders, direction/ directions for which the writ petitioner would be found entitled under the facts and circumstances of the case."

After some argument, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to approach the appropriate/competent forum for redressal of his grievances as permissible in law.

With aforesaid liberty, this petition is dismissed as withdrawn.

However, it is made clear that this Court has not expressed any opinion on the merits of the case and all issues of facts and law are left open.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/ Sujit U