Rajeev Kumar v. The State Of Bihar Through The Principal Secretary, Mineral Department, Government Of Bihar, Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1436 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- Lakhisarai ====================================================== RAJEEV KUMAR S/O ARJUN CHAUDHARY R/O SARVODAY NAGAR, WARD NO. 40, P.S- BISHUNPUR, DISTT.- BEGUSARAI AT PRESENT RESIDENT OF VILLAGE- PANDARAK, P.S- PANDARAK, DISTT.- PATNA.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, MINERAL DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. BIHAR 2.
THE DIRECTOR MINERAL OFFICER, LAKHISARAI. BIHAR 3.
THE DISTRICT MAGISTRTAE, LAKHISARAI. BIHAR 4.
THE SUPERINTENDENT OF POLICE, LAKHISARAI. BIHAR 5.
THE OFFICER IN-CHARGE T.O.P BAZAR SAMITI, POLICE STATION DISTRICT OF LAKHISARAI BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Adv.
Mr. Braj Bhusan Poddar For the Mining :
Mr. Naresh Kikshit Ms. Kalpana For the State :
S.C.26 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 29-10-2024 Heard both the counsels appearing for the parties.
2. During course of argument, it is submitted by learned counsel for the respondent-Mining Department that this petition may be disposed of directing the petitioner to make a representation before the Mining Officer i.e. respondent no. 2 raising all grounds which is raised in the writ petition and on submission of such, the respondent no. 2 may be further directed
Patna High Court CR. WJC No.1436 of 2024(6) dt.29-10-2024 2/2 to consider and decide the same as per the time fixed by this Court.
3. Counsel for the petitioner does not oppose the above prayer made by the counsel for the respondents.
4. Considering the submission made by both the counsels, this petition is disposed of directing the petitioner to firstly make his representation before the respondent no.2 raising all grounds which he raised in this writ petition as well as any other grounds which he wants to add in the application. It is further directed that on submission of such representation, the concerned respondent no. 2 will consider and decide the same within seven days from the date of submission of such representation according to relevant rules and law.
5. Petitioner is on liberty to file a fresh petition if occasion arises later on.
6. With the above observation, this petition is disposed of.
(Arvind Singh Chandel , J) shailendra/- U T