Raghwendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4834 of 2022 ====================================================== Raghwendra Kumar Singh Son of Sri Diwakar Singh Resident of Village and P.O.-Lahthan, Police Station-Agiaon Bazar, District-Bhojpur at Ara a Partner of M/S Raj Fun N Art, Head Office, Quarter NO. B-1340, Sector-2, HEC Colony, Dhruwa Ranchi, Jharkhand Local Office House NO.-3409, Village and P.O. Dhandiha, POlice Station-Koilwar, District-Bhojpur, Ara. ... ... Petitioner/s

Versus

1.

The State of Bihar throgh the Principal Secrerary, department of Mines and Geology, Govt. of Bihar, Patna.

2.

The Principal Secreary, Department of Mines and Geology, Govt. of Bihar, Patna.

3.

The Collector-Cum-District Magistrate, Bhojpur, Ara. 4.

The Assistant Director, Mines, Bhojpur, Ara.

5.

The District Mines Officer, Bhojpur, at Ara.

6.

The Sub-Divisional Magistrate, Ara Sadar, District-Bhojpur at Ara. 7.

The Circle Officer, Koilwar, District-Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Prasad Singh, Advocate Mr. Abhishek, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha (GA 7) Mr. Naresh Dixit, Spl. P.P. Mines ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential ofÏces/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/ofÏces.) ======================================================= Date : 13-05-2022 Heard learned counsel for the parties.

Patna High Court CWJC No.4834 of 2022 dt.13-05-2022 2/3 Petitioner has prayed for the following relief(s):- Learned counsel for the respondents opposes the present petition on the ground that a statutory remedy by way of an appeal is available to the petitioner. In this view of the matter, learned counsel for the petitioner does not press the present petition reserving

Patna High Court CWJC No.4834 of 2022 dt.13-05-2022 3/3 liberty to prefer an appeal.

Liberty granted.

We clarify that since the petitioner has been pursuing the remedy before this Court, the issue of limitation, as is so stated by the learned counsel for the Mining Department, shall not come in the way of the adjudication of the appeal on merits.

The instant petition stands disposed of as withdrawn in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 16.05.2022 Transmission Date