M/S. Mahadev Enclave Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15266 of 2019 ====================================================== M/s. Mahadev Enclave Pvt. Ltd. A registered company having its registered office at B-37, Ayodhya Marg, Hanuman Nagar, Jaipur, Rajasthan through one of its directors namely Kartik Rathi male aged about 25 years S/o Shri Ajay Rathi R/o 3-B 22 23 Sukhadia Nagar, Sri Ganganagar (Rajasthan). ... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary cum Commissioner, Department of Mines and Geology, Govt. of Bihar, Patna. 2.

The Principal Secretary cum Commissioner Department of Mines and Geology, Govt. of Bihar, Patna.

3.

The Deputy Director Department of Mines and Geology, Circle Office, Munger.

4.

The District Magistrate cum Collector Munger. 5.

The Mines Development Officer Munger.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gautam Kumar Kejriwal, Advocate Mr. Atal Bihari Pandey, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha (GA7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-05-2022 Petitioner has prayed for the following relief(s): "(a) For issuance of a writ or order or direction upon the respondents specially the respondent Mines Development Officer, Munger to refund the security deposit for a sum of Rs.1,733,100/- lying pending with the respondents for the settlement year 2013 and 2014;

(b) For issuance of a writ or order or direction upon the respondent concerned to also compensate the petitioner by way of payment of adequate interest on the aforesaid security

Patna High Court CWJC No.15266 of 2019(3) dt.18-05-2022 2/2 deposit withheld by the respondents till date without any reasonable this is causing loss to the petitioner;

(c) For holding and a declaration that the conduct and approach of the respondents are sitting tight on the issue of refund of security deposits of the petitioner is an instance of unjust enrichment of the state which is impermissible in law and as such entitles the petitioner to compensation along with the refund of security amount at the earliest as may be directed by this Hon'ble Court;

(d) For grant of any other relief or reliefs to which the petitioner is found entitled to in the facts and circumstances of the case."

Learned counsel for the petitioner, under instructions, states that, in view of the intervening developments, the petition may be permitted to be withdrawn.

Prayer allowed.

Petition is disposed of as withdrawn.

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

(Sanjay Karol, CJ) ( Satyavrat Verma, J) K.C.Jha/DKS U