Patna High CourtCWJC/19821/2011disposed

M/S Arvind Stone Works Through v. The State Of Bihar And ORS

2015-08-03Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19821 of 2011 ====================================================== M/S Arvind Stone Works Through Its Proprietor Arvind Kumar Singh Son Of Late Indradeo Singh Resident Of Village Nad P.S. Shiv Sagar District Rohtas .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Mines And Geology, Bihar, Patna

3. The District Magistrate, Rohtas

4. The Assistant Director , Mines & Geology, Rohtas .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Respondent/s : Mr. Devendra Kumar Sinha Mr. Rajendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-08-2015 At the very outset, Sri Devendra Kumar Sinha, learned senior counsel, who was assisted by Sri Rajendra Prasad, learned counsel for the respondent /Mines and Geology Department, raises a preliminary objection on the point of maintainability of the writ petition. He submits that against the order passed i.e. Annexure - "1" , there is statutory remedy of Revision under Section 12 of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage ) Rules, 2003. After objection being raised, learned counsel for the petitioner makes a prayer for disposal of the writ petition, so that, petitioner may avail statutory remedy. The writ petition stands disposed of with an indication that if the petitioner approaches the authority concerned within a

Patna High Court CWJC No.19821 of 2011 (2) dt.03-08-2015 2/2 period of six weeks from today, the authority concerned may examine the same and pass appropriate order in accordance with law without raising any objection on the question of maintainability since immediately after the impugned order the petitioner had approached this court and the matter was pending before this court.

The writ petition stands disposed of.

(Rakesh Kumar, J) Praful/- U