Prabhanjan Kumar @ Prabhanjan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13414 of 2022 ====================================================== Prabhanjan Kumar @ Prabhanjan Yadav S/o Ram Chaltar Yadav, Resident of Village-Jagarnathpur P.S.-Chandauti, District-Gaya, Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The Princpal Secretary, Mines-Cum-Mines Commissioner Mines, Govt. of Bihar, New Secretariat, Patna.
3.
The District Collector, Gaya 4.
The Additional District Collector, Gaya.
5.
The Under Secretary to the Government, Dept. of Mine and Geology, Govt. of Bihar, Patna.
6.
The Assistant Director, Mines and Geology, Gaya. 7.
The Dstrict Minng Officer, Gaya.
8.
The Sub-Divisional Officer, Gaya Sadar, Gaya. 9.
The Circle Officer, Town Block, Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kumar Singh, Advocate For the Respondent/s :
Mr.Gyan Prakash Ojha (G.A.7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 16-09-2022 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
2/6
3/6 Petitioner had earlier approached this Court by filing a writ petition being CWJC No.14574 of 2019 (Pravhanjan Kumar Versus State of Bihar and Ors.), which was disposed of on 13.1.2022 with a direction to the petitioner to file a detailed representation before the Mines Commissioner, Government of Bihar, Patna who shall decide such representation by a speaking and reasoned order and in compliance thereof, petitioner filed his representation before the Mines
4/6 Commissioner giving rise to Miscellaneous Case No.5 /2022 Gaya (Prabhanjan Kumar Versus District Collector, Gaya and Others) which was heard and rejected by the learned Mines Commissioner by order dated 29.7.2022 which has been impugned in present writ petition.
Case of the petitioner is that petitioner had filed an application in the year 2000 for grant of lease with respect to land appertaining to Mauza Jagarnathpur, Khata No.119, Plot no.606 / 798 upon which the Assistant Mining Officer noted that as per report submitted by the Circle Officer there is a temple situated over the land, as such, his application could not be forwarded to the District Collector for grant of mining lease whereas in the year 2016 with respect to same land, mining lease has been granted in favour of Rajendra Singh and, as such, same should be cancelled and mining lease should be granted to petitioner.
Mineral Development Officer, Gaya stated that vide department notification No.29 dated 24.3.2001, Rule 9 A and Rule 52 has been added in the Bihar Minor Mineral Concession Rules, 1972 and according to which, mining lease is to be settled through public auction. It was further stated that at present, in terms of Rule 22 of the Bihar Minerals (Concession,
5/6 Prevention of Illegal Mining, Transportation & Storage) Rules, 2019, mining lease can be settled only by public auction through e-tender. It is further stated that in terms of Rule 52 of Bihar Minor Mineral Concession Rules, 1972 after following all the due procedure, two mining lease dated 27.2.2016 and 4.3.2016 were settled for a period of 5 years in favour of Rajendera Singh and M/s Ramia Construction Private Limited which ended on 26.2.2021 and 3.3.2021.
Petitioner's representation in the year 2000 was rejected by the Assistant Mining Officer, Gaya and he assailed said rejection after 18 years and petitioner also did not avail remedy provided under the Rules against said rejection of his application for grant of lease in the year 2000, as there was provision for filing appeal under Section 47(1) within 30 days under Bihar Minor Mineral Concession Rules, 1972. Further, he did not participate in the auction in the year 2015 with respect to mining area which was done through e-auction and, accordingly, rejected the representation filed by the petitioner which is impugned in this writ petition.
This Court does not find any infirmity or error in the order dated 29.07.2022, passed by Mines Commissioner, Government of Bihar, Patna and accordingly, the present writ
6/6 petition is dismissed.
(Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/veenaAFR/NAFR CAV DATE Uploading Date Transmission Date