Unistar Biotech Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17826 of 2021 ====================================================== Unistar Biotech Ltd. 304, Anupam Plaza-1, Plot No. 6 LCS, Ghazipur, Delhi110096 through its Director, Prakash Chandra, aged about 50 years (Male), son of Gopal Prasad Sharma, Resident of 2/67, Second Floor, Sector-6, Vaishali, Gaziabad, Uttar Pradesh, Pin-201010. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Principal Secretary, Mines and Geology Department, Bihar, Patna. 3.

The Secretary, Mines and Geology Department, Bihar, Patna. 4.

The Special Secretary-cum-Director, Mines and Geology Department, Bihar, Patna.

5.

The Chairman, the State Environment Impact Assessment Authority, (SEIAA), Patna.

6.

The Principal Secretary, Forest Department, Bihar, Patna. 7.

The Secretary, Forest Department, Bihar, Patna. 8.

The District Magistrate, Aurangabad.

9.

The Assistant Director-cum-District Mining Officer, Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar, Advocate Mr. Pankaj Kumar Das, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha, GA-7 ====================================================== 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 ofÏces/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/ofÏces.) ======================================================= Date : 29-01-2022 Heard learned counsel for the parties.

2/4 Re: I.A. No. 1 of 2022 The instant Interlocutory Application has been filed for amendment in the prayer portion of the main writ petition to the following effect:- "For that the relief sought for in this petition in Prayer 1(i) be deleted.

For the reasons mentioned in the Interlocutory Application, the same is allowed and the prayer stands amended accordingly.

Re: CWJC No. 17826 of 2021 Learned counsel for the respondents places on record the government decision dated 10.12.2021, which reads

3/4 as under:- In view of the same, we do not find any necessity of adjudicating the issues raised in the present petition. The respondents have intended to take action. However, learned counsel for the petitioner states that the government's

4/4 notification, reproduced (supra), does not prescribe any time limit for refund of the amount.

Learned counsel for the respondents states that needful shall be done at the earliest.

At this stage, 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.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 31.01.2022 Transmission Date