Satyendra Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4311 of 2023 ====================================================== Satyendra Kumar Yadav S/o Late Sukhlal Yadav Resident of Shastri Nagar (East), Road No. 04, PO and PS-Rampur District-Gaya, Bihar 823001 ... ... Petitioner/s
Versus
1.
The State of Bihar thorugh the Principal Secretary, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna. 2.
The Bihar State Mining Corporation Ltd. through its General Manager. 3.
The Authorized Officer, Bihar State Mining Corporation Ltd., Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar, Advocate For the Mines Dept.
:
Mr. Naresh Dixit, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-07-2023 Heard the parties.
The present petition has been preferred for the following reliefs:- i) for issuance of an appropriate writ or order or direction in the nature of certiorari for quashing letter no. BSMC- 393 dated 06.03.2023 (Annexure -3) vide which Respondent No.-2 has imposed penalty of Rs. 1,55,66,786/- (Rupees One Crore Fifty Five Lakhs Sixty Six Thousand Seven Hundred and Eighty Six Only) on the petitioner for illegal mining and selling of 146167 cubic feet sand as alleged. However, the fact is that the petitioner sold total 9446.66 (MT) for the period 16.01.2023 to 26.02.2023 as per the e-challan generated;
ii) for issuance of a writ or order or direction in the
Patna High Court CWJC No.4311 of 2023(6) dt.06-07-2023 2/3 nature of mandamus upon the respondents to allow the petitioner to operate his settled Belbar sand ghat bearing cluster27 situated in the district of Gaya over river Mohrar. (The said settlement of sand ghat is/was valid till 31.03.2023); iii) for further issuance of a writ or order or direction restraining the respondents from taking any coercive action against the petitioner in terms of the demand notice dated 06.03.2023 whereby petitioner has been directed to pay the penalty of Rs. 1,55,66,786/- (Rupees One Crore Fifty Five Lakhs Sixty Six Thousand Seven Hundred and Eighty Six Only) to be paid within 24 hours;
iv) for further issuance of a writ or order or direction to the respondents to activate the login Id of the petitioner for generating and downloading the e-challans.
As usual the order dated 06.04.2023 passed by the coordinate bench directing the Mines Department for filing supplementary counter affidavit has not been complied. This Court fails to understand how despite passage of time, the Department fails to file its reply. Learned Counsel for the petitioner submits that he has also preferred I.A. No. 01 of 2023 incorporating in paragraph 4 that he will be satisfied if, the respondents conduct and inspect
Patna High Court CWJC No.4311 of 2023(6) dt.06-07-2023 3/3 once again in the presence of both the parties with prior notice of the date of inspection so that he can participate/co-operate in the matter.
Mr. Naresh Dixit, learned Spl. P.P. for the Mines submits that the respondent authorities shall make another inspection after putting the petitioner on notice giving him the date so that he/his representative could be present and thereafter an appropriate order will be passed.
In view of the said submissions put forward by the parties, the writ petition is disposed of with the direction to the Respondent No. 3, the Authorized Officer, Bihar State Mining Corporation Ltd., Bihar, Patna to do the needful, put the petitioner on notice fixing a date so that a fresh inspection could take place.
The aforesaid exercise shall be completed within three months.
Till a decision is taken, the interim protection granted to the petitioner on 28.03.2023 to continue.
(Rajiv Roy, J) Neha/- U