Infinity Mining Llp v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11139 of 2021 ====================================================== Infinity Mining LLP a Limited Liability Partnership firm Formed Under the Limited Liability Partnership Act, 2008, having its Office at Village Pareo, P.S. Bihta, District Patna, Through its partner Chandra Shekhar Kumar, aged about 34 Years (Male), Son of Pramod Prasad, Resident of Village Pareo, P.S. Bihta, District Patna.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary Cum Mines Commissioner, Mines and Geology Department, Government of Bihar, Vikash Bhawan, Bailey Road, Patna. 3.

The Special Secretary Cum Director, Mines and Geology Department, Government of Bihar, Vikash Bhawan, Bailey Road, Patna. 4.

The Additional Secretary Cum Director, Mines and Geology Department, Government of Bihar, Vikash Bhawan, Bailey Road, Patna. 5.

The District Magistrate, Gaya.

6.

The District Mining Officer, Gaya.

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

For the Petitioner/s :

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

Mr. Naresh Dikshit, Advocate ======================================================

2/7 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 04-01-2022 Heard learned counsel for the parties.

The 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 refund the security deposit of Rs. 99, 66, 177 I - tendered by the petitioner for Sand Ghat no 17 in the district of Gaya in compliance with Clause 7 (iii) of the Tender document pursuant to being declared the highest bidder for the same in the auction conducted for settlement of sand ghats for the period 2020 - 2024.

ii) To issue an appropriate writ, order or direction in the nature of mandamus

3/7 directing the Respondents to refund the amount of Rs. 1,00,000/- tendered by the petitioner for grant of approval of mining plan to the Respondents for Sand Ghat No. 17 in the district of Gaya.

iii) This Hon'ble may further adjudicate and hold that the since the Respondents have failed to fulfill their reciprocal obligations under the tender document, viz a viz, obtaining environmental clearance, preparation of mining plan and issuance of work order in favour of the petitioner allowing the petitioner to commence mining activity at Sand Ghat no. 17 in the district of Gaya till date, the same amounts to repudiation of contract by the Respondents and the petitioner is entitled for refund of the security deposit.

iv) This Hon'ble Court may adjudicate and hold that the contract between the petitioner and the State of Bihar stands frustrated in light of the judgment dated

4/7 14.09.2020 passed by the National Green Tribunal in O.A. No. 40 I 2020 (Pawan Kumar vs The state of Bihar) and O.A. No. 57 I 2020 (Md. Rizwan Vs Union of India) quashing the District Survey Reports prepared in the year 2018 and 2019 for the district of Banka and declaring all actions taken pursuant thereto to be nullity; and also in light of order dated 06.11.2020 passed in O.A. No. 62 I 2020 and analogous cases directing the Respondents to withhold further actions for settlement of sand ghats.

v) This Hon'ble Court may further adjudicate and hold that the action of the Respondents in not refunding the security deposit to the petitioner is bad in law and tantamounts to abuse of authority/power vested in them.

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

Sri Naresh Dixit, learned counsel for the respondents

5/7 places on record the government decision dated 10.12.2021, which reads as under:-

6/7 In view of the same, we do not find any necessity of adjudicating the issues raised in the present petition. However, Sri Suraj Samdarshi, learned counsel for the petitioner states that the government's notification, reproduced (supra), does not pescribe any time limit for refund of the amount. Sri Dixit states that needful shall be done at the earliest.

At this stage, Shri Suraj Samdarshi, learned counsel for the petitioner states that petitioner be permitted to approach the appropriate authority for award of interest. Prayer allowed.

The instant petition stands disposed of in the aforesaid terms.

7/7 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/K.C.Jha AFR/NAFR CAV DATE Uploading Date 07.01.2022 Transmission Date