Manoj Kumar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 14444 of 2014 ======================================================

1. Manoj Kumar S/o Late Rajballabh Singh

2. Sunil Kumar S/o Late Jagdambi Singh.

Both Resident of Village and P.O. Korki, P.S. Ariyari, District Sheikhpura.

.... .... Petitioners

Versus

1. The State of Bihar.

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

3. The District Magistrate, Sheikhpura.

4. The Director, Mines and Geology Bihar, Patna.

5. The Mines Development Officer, Sheikhpura. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar For the Respondent/s : AC to Addl. Advocate General - 2 Mr. Rajendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

24-09-2015 Heard Sri Pankaj Kumar, learned counsel for the petitioners, learned A.C. to Addl. Advocate General - 2 as well as Sri Rajendra Prasad, learned counsel for the respondent/Mines & Geology Department.

Petitioners, in the present writ petition, have prayed for quashing of an order dated 10-07-2014 passed by the respondent no. 5/Mines Development Officer, Sheikhpura, whereby mining license of petitioners has been cancelled. At the very outset, learned counsel for the respondent/Mines & Geology Deptt. has raised preliminary objection on the point of maintainability of the writ petition. He

Patna High Court CWJC No.14444 of 2014 (4) dt.24-09-2015 2/2 submits that despite, there is statutory provision of revision under the Bihar Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2003, petitioners have directly approached this Court.

After noticing the objection, learned counsel for petitioners makes a prayer for disposal of the writ petition so that petitioners may avail appropriate remedy.

The prayer is allowed.

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

It goes without saying that the period consumed while pursuing the present writ petition i.e. from 22-08-2014 till date shall be excluded while considering the limitation matter. (Rakesh Kumar, J.) Anay U