M/S Eklavya Stone And Mines Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8009 of 2024 ====================================================== M/s Eklavya Stone and Mines Pvt. Ltd. through its Director Nidhi Kumari, aged about 34 years, Female, Daughter of Amarnath Singh, Resident of A-58, Police Colony, Near Park, Gandhi Vihar, Phulwari, Anisabad, P.S.- Gardanibagh, District-Patna, having its registered office at Village- Pathra English, P.O.- Orhanpur, P.S.- Muffasil, District- Nawada, ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Additional Chief Secretary-cum-Principal Secretary, Mines and Geological Department, Govt. of Bihar, Patna. 3.

The Director, Mines and Geological Department, Govt. of Bihar, Patna. 4.

The District Magistrate, Nawada.

5.

The Assistant Director, Mines, Nawada.

6.

The Mining Development Officer, Nawada.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Singh, Advocate For the Respondent/s :

Mr.Nagendra Pd. Yadav, Standing Counsel-23 For Mines Department : Mr. Naresh Dikshit, Advocate : Mr.Brij Bihari Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner, learned counsel for the Mines Department and learned counsel for the State.

2. Learned counsel for the petitioner submits that pursuant to the order dated 21.03.2023 passed in CWJC No.17349 of 2022 the respondents-Mines Department has issued the impugned order without issuing any show cause and without giving any opportunity to the petitioner and direction was passed in CWJC No.17349 of 2022 that the ample

Patna High Court CWJC No.8009 of 2024(2) dt.17-05-2024 2/2 opportunity be given to the concerned person before passing the impugned order.

3. In view of the aforesaid, the impugned order 20.03.2024 (Annexure-10) is set aside and the matter is remanded back to the concerned respondents to issue a fresh show cause notice to the petitioner and after giving ample opportunity to the petitioner and principles of natural justice should be followed and then a fresh order shall be passed.

4. Accordingly, the writ application is disposed of. (Rajesh Kumar Verma, J) Nitesh/- U