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Patna High CourtCWJC/5497/2022consigned

M/S Madhucon Projects Limited v. The State Of Bihar

2025-02-18Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5497 of 2022 ====================================================== M/s Madhucon Projects Limited having its Corporate Office at Road No. 36, Hitech City, Jublee Hills, Hyderabad- 5000033, Telangana. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary cum Mines Commissioner, Mines and Geology Department, Government of Bihar, Patna. 2.

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

3.

The Director Mines, Mines and Geology Department, Government of Bihar, Patna.

4.

The Mines Development Officer (Hqr), Mines and Geology Department, Government of Bihar, Patna.

5.

The District Magistrate cum Collector, Nawada, Bihar. 6.

The Assistant Director Mines, Nawada, Bihar.

7.

The Principal Secretary, Environment, Forest and Climate Change Department, Government of Bihar, Patna.

8.

The State Environment Impact Assessment Authority, Bihar, 2nd Floor, Beltron, Baldev Bhawan Rd, Shastri Nagar, Patna, Bihar 800023. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunit Kumar, Adv.

For the Respondent/s :

Mr.Gyan Prakash Ojha (GA7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-02-2025 Heard the parties.

2. The petition has been filed for the following reliefs:- " That the writ instant application is being filed against the illegal and arbitrary particularly respondent no. 4 in denying the extension of lease period to the petitioner company which is absolutely against the terms

Patna High Court CWJC No.5497 of 2022(7) dt.18-02-2025 2/3 and conditions of the registered lease, law governing lease agreements and legitimate expectation. Therefore, the petitioner being aggrieved by the illegal and arbitrary action of respondents pray(s) for the following relief(s): i. For issuance of writ in the nature of certiorari for quashing the Order contained in memo no. 202 dated 17.01.2022 passed by Mines Development Officer (Hqr), Mines and Geology Department, Government of Bihar, Patna in pursuance of direction passed by this Hon'ble Court in CWJC No 5826/2021 vide order dated 23.11.2021 whereby and whereunder the prayer of the petitioner company for extension of lease period by 433 days has been illegally and arbitrarily rejected. ii. For issuance of appropriate writ(s) /order(s) / direction(s) for commanding the respondents to extend the period of mining lease of the petitioner dated 17.02.2016 ending on 16.02.2021 by another 433 days because during the said period, the petitioner has been

Patna High Court CWJC No.5497 of 2022(7) dt.18-02-2025 3/3 prevented/stopped from fulfilling and enjoying the terms and conditions of the lease because of certain actions/happenings which were beyond the control the petitioner company and those happenings cannot be attributed to the petitioner company at all.

iii. Any other relief(s) that the petitioner is entitled in the facts and circumstances of the instant case.

3. In this case on 12.09.2024, four weeks time was granted to the petitioner to remove the defect(s).

4. As the said order was not complied, it stands dismissed on 17.10.2024.

5. Perused the file, consigned.

(Rajiv Roy, J) perwez U