Westlink Trading Private Limited v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2184 of 2018 ====================================================== Westlink Trading Private Limited S/o of Devendra Mohan Singh, Resident of ist Floor, Shivam Apartment, Anandpuri, West Boring Canal Road-800001. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The State of Bihar through the Commissioner-Cum-Principal Secretary, Department of Mines and Geology 3.

The Special Secretary-Cum-Director, Directorate of Mines and Geology, Vikas Bhawan, Bailey Road.

4.

The Collector, Lakhisarai, District-Lakhisarai, Bihar. 5.

Mineral development Officer, District Mining Office, Lakhisarai, District Lakhasarai, Bihar.

6.

Rajnish Kumar, Son of not Known, Resident of Vill. Paharpur, P.O. Dariyapur, P.S. Barhiya Bihar-811302.

7.

Rajkumar Gupta, Son of not Known, Resident of Lakhisarai Naya Baazar, Near Baazar Samiti, Ward No. 31. P.S. Kaviya, P.O. Lakhisarai, Bihar811311. 8.

Piyush Kumar, S/o not Known, R/o Vill.P.O. Bihat, P.S. Barauni, Dist. Begusarai, Bihar-851135.

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

For the Petitioner/s :

Mr. Mrigank Mauli, Advocate For the Respondent/s :

Mr. G.P. Ojha- GA-7 Mr. Naresh Dikshit, Spl. P.P. Mines ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and Special P.P. Mines.

The instant writ application is being filed for the issuance of the appropriate writs, orders or directions for the following relief (s):- (i) for issuance of writ in the nature of Certiorari quashing the various letters of Settlement of various sand-ghats

Patna High Court CWJC No.2184 of 2018(3) dt.27-07-2023 2/3 in the District of Lakhisarai being (i) Memo No. 68 dated 05.01.2018 settling Sand Ghat named Takari Lakhapur; (ii) Memo No. 69 dated 05.01.2018 settling Sand Ghat named Takari Mountain; (iii) Memo No. 169 dated 10.01.2018 settling Sand Ghat named Sharma;

(ii) for issuance of writ in the nature of certiorari quashing the Press Notice inviting bids for Reverse e-auction for the district of Lakhisarai by the Department of Mines and Geology, Government of Bihar;

(iii) in the alternative, for issuance of writ order(s), direction(s) in the nature of Mandamus directing the respondent authorities to return the deposited security amount to the tune of Rs. 6,12,00,000.00 and other ancillary cost incurred by the petitioner for getting sanction of mining plan and Environmental Clearance (hereinafter referred to as the *EC'). Learned counsel for the petitioner submits that he will be satisfied if the fresh representation is disposed of either by the respondent no. 2, the Commissioner-Cum-Principal Secretary, Department of Mines and Geology and/or respondent no. 3, the Special Secretary-Cum-Director, Directorate of Mines and Geology, Bihar, Patna.

Learned Special P.P. submits that if such

Patna High Court CWJC No.2184 of 2018(3) dt.27-07-2023 3/3 representation comes, an appropriate reasoned order will be passed immediately thereafter.

In that view of the fact and fair submissions put forward by the learned counsels for the parties, the writ petition stands disposed of with an observation that if the petitioner prefers a comprehensive representation detailing out the facts alongwith connecting documents before the respondent no. 2 and/or respondent no. 3, the same shall be considered and a reasoned order will be passed within three months from the receipt of the said representation.

(Rajiv Roy, J) kiran/- U