Tiger Tecari Construction v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18242 of 2014 ====================================================== Tiger Tecari Construction Late Chandrama Singh Resident of Village - Bhundi Tecari, P.O.- Dadar, P.S.- Mohania, District -Kaimur Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director through its Joint Secretary to the Governent, Department, of Mines and Zeology, Government of Bihar, Patna. 3.

The Director, Mines an Zeology, Department of Mines and Zeology, Government of Bihar, Patna 4.

The Deputy Director, Head Quarter, Department of Mines and Zeology, Government of Bihar, Patna 5.

The Principal Secretary, Environmental and Forest Department, Government of Bihar, Patna 6.

The Secretary, Bihar State Pollution Control Board, Government of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.Sarvesh Kumar Singh, AAG-13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-10-2020 Petitioner has prayed for the following relief(s): "(i) To declare Rule 11A (1)(c)(d) and (f) and 11

(6) of the Bihar Minor Minerals Concession (Amendment) Rules 2014 as ultra virus and illegal the constitution of India as well as the provisions of Mines & Minerals (Development and Regulation) Act, 1957. (ii) For quashing the notification no.3671 dated 30.09.2014 by which the auction for settlement of sand Ghats for five years has been issued under the aforesaid Amendment Rules 2014.

(iii) For grant of any other reliefs for which the petitioner may found entitled to."

This matter has been on board for quite some time and

Patna High Court CWJC No.18242 of 2014(15) dt.07-10-2020 2/2 despite repeated calls none has chosen to appear on behalf of the petitioner.

It is brought to our notice that similarly situated petitions [C.W.J.C. No. 11381 of 2008 titled as Sanjay Kumar Singh Vs. The State of Bihar & Ors., CWJC No. 11526 of 2008 titled as Vijay Kumar Singh Vs. The State of Bihar & Ors.] were taken up for hearing by this Court and disposed of in view of the petition having become infructuous with the passage of time. It appears that for this reason petitioner has lost interest and none is appearing on behalf of the petitioner. No interim order stands passed in favour of the petitioner. As such, we dispose of the present petition reserving liberty to the petitioner to file a fresh petition on the exact same cause of action or file an application reviving the instant petition, if the need so arises.

(Sanjay Karol, CJ) ( S. Kumar, J) pallavi/- U