Arena Food And Agro Industries Private Limited v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6715 of 2020 ====================================================== Arena Food and Agro Industries Private Limited a company incorporated under the provisions of the Companies Act, 1956, having its registered office at Village Nimi, P.S. Shekhopur, District Nawada, through its director, Radhey Sharma, aged about 46 years, Son of Harangi Singh, resident of Village Nimmi, P.S. Shekhopur, District Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Mines and Geology Department, Government of Bihar, Vikash Bhawan, Bailey Road, Patna. 2.

The Principal Secretary, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.

3.

The Additional Secretary, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.

4.

The Assistant Director, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.

5.

The District Magistrate cum Collector, Sheikhpura. 6.

The Mines Development Officer, Sheikhpura.

... ... Respondent/s ====================================================== AAppearance :

For the Petitioner/s :

Mr. Suraj Samdarshi, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha, GA-7 Mr. Naresh Dikshit, , Spl. P.P. Mines ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-11-2021 Petitioner has prayed for the following relief/s :- "i) To issue an appropriate writ, order or direction in the nature of mandamus directing the respondents to allow the petitioner to deposit the remainder of the fourth yearly instalment of the lease amount for mining lease obtained by the petitioner with respect to land situated at Mauja Mathokar Surdaspur, Circle Sheikhpura, P.O. Sheikhpra, Khata 272, and 132 Plot 1030 (P) and

Patna High Court CWJC No.6715 of 2020(3) dt.29-11-2021 2/2 32 (P) Block 04, admeasuring 12.50 acres, in six monthly instalments.

ii) To issue an appropriate writ, order or direction in the nature of mandamus commanding the respondents not to take any coercive steps, including but not limited to cancellation of lease / stoppage of transit challan etc. against the petitioner for non-payment of fourth yearly instalment of the lease amount. iii) This Hon'ble Court may declare that no fruitful purpose shall be served in cancelling the mining lease of the petitioner in light of the fact that the petitioner is ready to deposit the lease amount.

iv) To grant any other relief or reliefs which the petitioner may be found entitled to in the facts and circumstances of the case."

Learned counsel for the petitioner seeks permission to withdraw the present petition as it has become infructuous. Permission granted.

Present petition stands dismissed as withdrawn having become infructuous.

Interlocutory application, if any, also stands dismissed.

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