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Patna High CourtCWJC/18761/2021disposed

Saurabh Anad v. The State Of Bihar

2022-07-25The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 18761 of 2021 ====================================================== Saurabh Anad, son of Sri Anand Mohan Prasad, Resident of Station Road Nawada, P.O. and P.S.-Nawada, District-Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar Department of Mining, Bihar, Patna. 2.

The Collector, Darbhanga.

3.

The Mining Officer, Darbhanga.

4.

The Mining Development Officer Darbhanga.

5.

The Thana Incharge Mabbi Police Station, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anupa Nand Jha, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha (GA7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 25-07-2022 Heard learned counsel for the parties.

Petitioner has prayed for following reliefs:-

Patna High Court CWJC No. 18761 of 2021 dt.25-07-2022 2/3 Shri Gyan Prakash Ojha, learned Government Advocate 7, states that proceedings under Rule 56(4) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 stands initiated against the petitioner.

An affidavit dated 15.04.2022 is also to similar effect. Relevant thereof, paragraph 11 is reproduced as under:- Learned counsel for the petitioner states that thus far proceedings have not been initiated, nor other particulars disclosed in the affidavit.

Patna High Court CWJC No. 18761 of 2021 dt.25-07-2022 3/3 Shri Ojha states that the District Magistrate, Darbhanga is the confiscatory authority and, as such, petitioner can appear before him.

We direct the petitioner to make himself available in the office of the Respondent No. 3, namely, the Collector, Darbhanga on 10.08.2022 at 10:30 A.M., with the direction to the said authority to positively decide the matter in accordance with law within a period of three weeks thereafter.

Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- Ranjan AFR/NAFR NAFR CAV DATE NA Uploading Date 29.07.2022 Transmission Date NA