Manoj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10215 of 2022 ====================================================== Manoj Kumar Yadav Son of Bindeshwari Prasad Yadav Resident of VillageMungrar, Ward No. 10, P.O.- Dabhari, P.S. and District- Supaul. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Mining and Geology Department, Government of Bihar, Patna.
2.
The Principal Secretary, Mining and Geology Department, Government of Bihar, Patna.
3.
The Deputy Director (Mines)-cum-Competent Authority, Department of Mines, Govt. of Bihar, Patna.
4.
The Chief Conservator of Forest, Bihar, Patna. 5.
The Collector, District- Supaul.
6.
The District Mines Development Officer, Supaul, 7.
The Executive Assistant, District Mines Office, Supaul. 8.
The SHO, Supaul Police Station, District- Supaul. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha, Advocate Mr. Sumeet Kumar Singh, Advocate For the Respondent/s :
Mr.Gyan Prakash Ojha (GA- 7) Mr. Yash Mathur, A.C. to G.A. 7 Mr. Naresh Dixit, Spl. P.P. (Mines) Ms. Kalpana, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 11-08-2022
2/4 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
3/4 Shri Naresh Dixit, learned Special Public Prosecutor (Mines) states that if only the petitioner were to prefer a statutory appeal against the impugned order, which is an equally efficacious remedy, under the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019, the appropriate authority shall favourably consider, in accordance with law, release of the petitioner's vehicle, which of course, would be by way of an interim measure and subject to the final order which may be passed in
4/4 the petitioner's appeal.
Statement accepted and taken on record.
In this view of the matter, Shri Sumeet Kumar Singh, learned counsel for the petitioner states that he shall prefer an appeal against the impugned order within one week from today. The instant petition stands disposed of reserving liberty to the petitioner to prefer an appeal against the impugned order, which shall be decided by the appropriate authority, expeditiously, in accordance with law, of course after complying with the principles of natural justice as also after giving adequate opportunity of hearing.
Liberty also reserved to the petitioner to file a fresh petition on the same and subsequent cause of action, should the need so arise subsequently.
Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 12.08.2022 Transmission Date