Ramdas Sao v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 16263 of 2014 ====================================================== Ramdas Sao Son of Late Shankar Sao Resident of village - Raundi, Post Office - Karki, Police Station - Ariyari, District - Sheikhpura .... .... Petitioner

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 : Mr. Rajendra Prasad AC to AAG- 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

28-09-2015 At the very outset, Sri Rajendra Prasad, learned counsel for the respondent/Mines & Geology Deptt., in presence of learned counsel for the petitioner and learned A.C. to Addl. Advocate General - 2, raised preliminary objection on the point of maintainability of the writ petition. He submits that the petitioner has directly approached this Court against an order passed by the Mines Development Officer, Sheikhpura, against which, there is statutory provision of revision under the Bihar Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2003.

After noticing the objection, learned counsel for the petitioner makes a prayer for disposal of the writ petition so that

Patna High Court CWJC No.16263 of 2014 (4) dt.28-09-2015 2/2 the petitioner 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 by the petitioner in pursuing the present writ petition i.e. from 16-09-2014 till date shall be excluded while considering the limitation matter.

(Rakesh Kumar, J.) Anay U