Uttam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10086 of 2021 ====================================================== Uttam Yadav, Son of Mahavir Yadav, Resident of Village-Dayalpur, P.S.- Rajoun, District-Banka ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Mining, Bihar, Patna.

2.

The District Magistrate, Banka 3.

The Superintendent of Police, Banka.

4.

The District Mining Officer, Banka.

5.

The S.H.O. of Rajoun Police Station, District- Banka ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Md. Nurul Hoda, Advocate For the Respondent/s :

Md. S. Raza Ahmad, AAG-5 Mr. Gyan Prakash Ojha, GA-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 03-01-2022 Petitioner has prayed for the following relief/s :-

2/4 After the matter was heard for some time, learned counsel appearing on behalf of the petitioner, under instructions, states that petitioner may be permitted to take appropriate proceedings in accordance with law, before the appropriate authority.

Permission granted.

Learned counsel for the respondents states that if such a proceedings is taken within a period of four weeks from today, the issue of limitation, if any, shall neither be raised nor allowed to come in the way of adjudication of the matter on merits.

Statement accepted and taken on record.

As such, petition stands disposed of in the following mutually agreeable terms:- (a) Petitioner is permitted to take appropriate proceedings in accordance with law, before the authority concerned, within a period of four weeks from today;

(b) In the event of taking appropriate proceedings within a period of four weeks from today, the issue of limitation, if any, shall not come in the way of adjudication of the matter on merits;

3/4 (c) Opportunity shall be granted to the parties to place on record all essential documents and materials, if so required and desired;

(d) Petitioner through learned counsel undertakes to fully cooperate and not take unnecessary adjournment;

(e) The appropriate authority shall decide the matter on merits, in compliance of the principles of natural justice;

(f) The appropriate authority shall pass a reasoned and speaking order, within a period of eight weeks from the date of taking appropriate proceedings;

(g) Copy of the order passed by the appropriate authority shall be supplied to the parties; (h) Equally, liberty reserved to the parties to take recourse to such other remedies as are otherwise available in accordance with law;

(i) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance

4/4 with law and with reasonable dispatch;

(j) We have not expressed any opinion on merits and all issues are left open;

(k) Liberty reserved to the petitioner to challenge the order, before the appropriate forum, if required and desired.

The instant petition sands disposed of in the aforesaid terms.

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

(Sanjay Karol, CJ) ( Sanjeev Prakash Sharma, J) Ashwini/PKP AFR/NAFR CAV DATE Uploading Date 05.01.2022 Transmission Date