Patna High CourtCWJC/17392/2015disposed

M/S Champion Group Of Company v. The State Of Bihar And ORS

2015-11-05Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 17392 of 2015 ====================================================== M/s Champion Group of Company through its proprietor Amit Kumar Singh S/o Rameshwar Singh R/o Divya Lok Complex, East Boring Canal Road, P.S. - Krishnapuri, District - Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Mines & Geology, Bihar, Patna.

3. The District Magistrate, Rohtas.

4. The Divisional Forest Officer, Rohtas.

5. The Superintendent of Police, Rohtas.

6. The Assistant Director, Mines & Geology, Rohtas.

7. The Mining Inspector, Rohtas.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Rajendra Prasad AC to Addl. Advocate General - 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

05-11-2015 At the very outset, Sri Rajendra Prasad, learned counsel for the respondent/Mines & Geology Department, in presence of learned counsel for the petitioner and learned A.C. to Addl. Advocate General - 2, has raised preliminary objection on the point of maintainability of the writ petition. He submits that against the order passed by the Collector, the petitioner can approach the Mines Commissioner.

After objection being raised, learned counsel for the petitioner makes a prayer for disposal of the writ petition so that the petitioner may approach the Mines Commissioner and raise his

Patna High Court CWJC No.17392 of 2015 (2) dt.05-11-2015 2/2 grievance, which has been raised in the present writ petition. The prayer is allowed.

The writ petition stands disposed of with liberty, as indicated above.

It goes without saying that if within a period of eight weeks from today, the petitioner approaches the Mines Commissioner and files a petition, the learned Commissioner may examine the same on its merit and decide it in accordance with law without unnecessary delay.

(Rakesh Kumar, J.) Anay U