Puspa Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13404 of 2023 ====================================================== Puspa Singh Wife of Ramesh Singh, Resident of Mohalla-Janakpur, P.S. Muffasil, District-Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Department of Mines and Geology, Government of Bihar, Patna.

2.

The Principal Secretary, Mines and Geology, Bihar, Patna. 3.

The Director Mines and Geology, Bihar, Patna. 4.

The District Magistrate, Gaya.

5.

The Assistant Director District Mining Office, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Respondent/s :

Mr. Prashant Pratap (GP-2) For the Mines :

Mr. Naresh Dixit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-08-2024 Heard the parties.

2. The present writ petition has been preferred for the grant of following relief/s:- "That this is an application for issuance of an appropriate writ(s), order(s), direction(s) for directing the respondent authorities to grant six month time to remove his already extracted and stocked different sizes of stone minerals i.e. 1148304.275 cft of different sizes of stone chips which were legally extracted and stocked at his lease

Patna High Court CWJC No.13404 of 2023(2) dt.22-08-2024 2/3 hold area i.e. at block no. 2 situated at Khata No. 387 Plot No. 1294 (part) at Mauza Gere, Circle- Manpur, P.S.- Muffasil, District Gaya and to issue e-challans so that he may dispose of the above said minerals as provided under clause 6 part (IX) of the lease deed and further for any other relief(s) for which the petitioner may found entitled to."

3. Learned counsel for the petitioner submits that though earlier he represented before the respondent no. 3, Director Mines & Geology, Bihar, Patna who repeatedly sounded the Collector, Gaya vide letter no. 2168 dated 11.08.2022 (Annexure-4 to the petition) as also letter no. 4922 dated 22.09.2021, the Collector, Gaya did not responded forcing her to file the writ petition.

4. Considering the nature of relief that the petitioner is asking for, it would be appropriate that the respondent no. 4, the District Magistrate, Gaya look into the matter, consider the case of the petitioner, go through the documents presented to him, hear the other side and pass a necessary order.

5. In that background, the writ petition stands

Patna High Court CWJC No.13404 of 2023(2) dt.22-08-2024 3/3 disposed of with an observation that if the petitioner prefers representation in next four weeks alongwith all the documents, after putting the necessary parties to notice, the concerned District Magistrate, Gaya shall be taking up the matter and dispose it of within a period of next three months from the date the representation is made.

(Rajiv Roy, J) Adnan/- U