Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1728 of 2022 In Civil Writ Jurisdiction Case No.6816 of 2022 ====================================================== Sujeet Kumar son of Balmiki Singh, Resident of Tola Prayag, Ward No. 7, Barahiya, District- Lakhisarai.

... ... Petitioner/s

Versus

1.

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

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

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

4.

The District Magistrate, Jamui.

5.

The District Mining Officer, Jamui.

6.

Bihar State Mining Corporation Limited through its General Manager, Room No. 164, Vikas Bhawan, (New Secretariat), Bailey Road, Patna 800015.

7.

The Administrative Officer, Bihar State Mining Corporation Limited, Room No. 164, Vikas Bhawan, (New Secretariat), Bailey Road, Patna -800015. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Samdarshi, Advocate For Mines Dept.

:

Mr. Naresh Dikshit, Advocate Ms. Kalpana, Advocate For State :

Mr. Sangha Mitra Ghosh, AC to GA 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 18-08-2023 Heard learned counsels for the respective parties.

2. The present M.J.C. petition is filed for modification of the order dated 21.06.2022 passed in C.W.J.C. No. 6816 of 2022.

Patna High Court MJC No.1728 of 2022(3) dt.18-08-2023 2/2

3. We are of the view that modification of the order is not warranted. However, we are only clarifying that in page No. 2 of the order dated 21.06.2022, the petitioner was directed to approach respondent No. 4 - the District Magistrate, Jamui to consider and decide the representation. At the same time on page No. 3, at sub-para (a) and (b), it is crystal clear that the petitioner was directed to approach the authority concerned. Therefore, if the petitioner feels that respondent No. 4 - the District Magistrate, Jamui is not the competent authority, in such an event, he could have approached the competent authority i.e. respondent No. 2 - The Principal Secretary-cum-Mines Commissioner, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna in the light of aforementioned clause (a) and (b).

4. Accordingly, the present M.J.C petition stands disposed of reserving liberty to approach the second respondent in the light of the observation made at page No. 3 of the order dated 21.06.2022 in C.W.J.C. No. 6816 of 2022. (P. B. Bajanthri, J) (Arun Kumar Jha, J) GAURAV S./- U