M/S Jai Mata Di Auto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13197 of 2021 ====================================================== M/S Jai Mata Di Auto through Proprietor Sanjay Kumar Choudhary aged about 46 years (male) son of Late Narayan Choudhary, resident of Ward No. 8 Mauniya Bigha, Dalmia Nagar, Police Station-Dehri-on-Sone, DistrictRohtas. ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The Principal Secretary-cum-Mines Commissioner, Mines and Geology Department, Govt. of Bihar, Vikash Bhawan, Bailey Road, Patna. 3.
The Special Secretary-cum-Director, Mines and Geology Department, Govt. of Bihar, Vikash Bhawan, Bailey Road, Patna.
4.
The District Magistrate, Aurangabad.
5.
The District Mining Officer, Auran2gabad.
6.
The State Level Environment Impact Assessment Authority (SEIAA) through its Chairman, 2nd Floor, Beltron, Baldev Bhawan Road, Shastri Nagar, Patna-23.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Prasad Singh, Advocate For the Respondent/s :
Mr.Gyan Prakash Ojha, GA-7 Mr. Naresh Dikshit, Spl. P.P. (Mines) Mr. Brij Bihari Pandey, Advocate ====================================================== 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 : 12-01-2022 Petitioner has prayed for the following relief(s): "i. For direction to the respondent authorities to refund the earnest money, security money and the other amount
2/4 deposited by the petitioner with interest for the purpose of settlement of the sand ghat no.2 in the district of Aurangabad pursuant to the auction held in the year, 2019 in as much as despite repeated request made by the petitioner the respondent authorities have failed to issue work order in favour of the petitioner.
ii. For grant of any other relief or reliefs for which petitioner is entitled in the fact and circumstances of the case." Sri Naresh Dixit, learned counsel for the respondents, places on record the government decision dated 10.12.2021, which reads as under:-
3/4 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 prescribe 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.
4/4 Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/-chn AFR/NAFR CAV DATE Uploading Date 17.01.2022 Transmission Date