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Patna High CourtCWJC/6143/2020dismissed

Sainik Foods Pvt. Ltd. v. The State Of Bihar

2020-06-04Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6143 of 2020 ====================================================== Sainik Foods Pvt. Ltd. name changed as Sainik Industries Pvt. Ltd. with effect from 25.06.2019 a registered company having its registered office at Flat No. 201 and 202, Vikas Plaza, Building No.2, Local Shopping Centre, Kalkaji, New Delhi (South)- 110019 through its authorized representative Brijendra Kumar Singh male aged about 50 years son of Rajman Singh resident of Pipersandi, Gorakhpur (UP).

... ... Petitioner

Versus

1.

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

The Director, Department of Mines and Geology, Govt. of Bihar, Patna. 3.

The District Magistrate Cum Collector, Gaya.

4.

The Assistant Director, District Mining Office, Gaya. 5.

The State Environment Impact Assessment Authority having its office at 2nd Floor, Beltron Bhawan, Shastri Nagar, Baiely Road, Patna- 23 through its Member Secretary.

6.

The State Expert Appraisal Committee having its Office at 2nd Floor, Beltron Bhawan, Shastri Nagar, Baiely Road, Patna- 23 through its Member Secretary.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gautam Kumar Kejriwal For the Mines Deptt :

Mr. Naresh Dikshit Spl PP For the Respondent-State :

Mr. Gyan Prakash Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-06-2020 The matter was mentioned for listing on urgent basis, which was allowed by Hon'ble the Chief Justice. Accordingly, the same has been listed today for consideration through Video Conferencing.

Mr. Gautam Kumar Kejriwal learned counsel for the petitioner, Mr. Naresh Dikshit Spl PP for the Mines Department and Mr. Gyan Prakash Ojha for the State are appearing and

Patna High Court CWJC No.6143 of 2020(3) dt.04-06-2020 2/2 making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audiovisual technology.

Learned counsel for the petitioner submits that he shall be pursuing his representation dated 07.03.2020 (Annexure-5 to the writ petition).

Learned Counsel for the Mining Department, on the other hand, submits that on 14.01.2019, the petitioner's claim in respect of the mining rights had ceased by issuance of letter dated 14.01.2019 bearing No. 14 issued by Respondent nos. 5 and 6. The petitioner has no valid and subsisting right today, which would necessitate any consideration whatsoever. In view of the submissions advanced on behalf of the parties, no adjudication is called for and there is no occasion for this Court to issue any direction.

The writ petition, therefore, is dismissed.

The petitioner would be free to pursue his representation. (Madhuresh Prasad, J) shyambihari/- U