Broad Son Commodities Private Limited v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3672 of 2021 ====================================================== Broad Son Commodities Private Limited, a Company incorporated under the provisions of the Companies Act, 1956 having its registered Office at Dr. Himanshu Complex, Block Road, Koilwar Chouk, P.S.- Koilwar, District Bhojpur (Ara), through its Director, Ashok Kumar, aged about 65 years (Male) son of Ram Chandra Saw, Resident of Village/Mohalla- Pareo, P.S. Bihta, District-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner-cum-Principal Secretary, Department of Mines and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna- 800001 2.

The Principal Secretary cum Commissioner Mines, Department of Mines and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna800001 3.

The Special Secretary cum Director, Mines and Geology Department Government of Bihar, Vikas Bhawan, Bailey Road, Patna 4.

The Assistant Director, Department of Mines and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna 5.

The District Magistrate-cum-Collector, Patna 6.

The Mines Inspector, District Mining Officer, Patna Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Samdarshi, Advocate For the Respondent/s :

Mr. Raghwanand, GA 11 Mr. Prabhat Kumar, AC to GA 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 14-12-2021 Heard learned counsel for the parties.

Petitioner has prayed for following reliefs:- (I) For issuance of a writ, order or direction in the nature of certiorari for quashing letter number 2440 dated 17.12.2020 issued by the respondent Collector, Patna whereby

Patna High Court CWJC No.3672 of 2021(2) dt.14-12-2021 2/3 the petitioner has been directed to show cause within one week as to why it's settlement be not cancelled for alleged violations of the terms and conditions of the tender document and the Bihar Mineral (Concession, Prevention of illegal Mining, Transportation and Storage) Rules, 2019. (ii) For issuance of a writ, order or direction in the nature of mandamus commanding the respondents not to take any coercive steps against the petitioner in furtherance of letter no.2440 dated 17.12.2020.

(iii) This Hon'ble Court may adjudicate and hold that letter number 2440 dated 17.12.2020, seeking a show cause from the petitioner, issued pursuant to alleged inspections conducted by the respondents is bad in law in as much the alleged inspection reports have not been provided to the petitioner.

(iv) This Hon'ble Court may adjudicate and hold that letter number 2440 dated 17.12.2020 issued pursuant to alleged inspections conducted by the respondents is bad in law in as much as the alleged inspections have neither been conducted with prior intimation to the petitioner nor the same has been conducted in presence of the representatives of the petitioner.

(v) This Hon'ble Court may adjudicate and hold that the action of the respondents in this matter is completely unjustified and unwarranted.

(vi) To award any other relief or reliefs for which

Patna High Court CWJC No.3672 of 2021(2) dt.14-12-2021 3/3 the petitioner is found entitled in the facts and the circumstances of the case."

Learned counsel for the petitioner seeks permission to withdraw the present petition as it has become infructuous. Permission granted.

Present petition stands dismissed as withdrawn having become infructuous.

Interlocutory application, if any, also stands dismissed.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/-Ranjan U