Punam Devi v. The State Of Bihar And ORS

Patna High Court CWJC No.25723 of 2013 dt.24-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25723 of 2013 ===========================================================

1. Punam Devi W/O Sanjoy Prasad Resident of Village E. Post Brindawan, P.S. Kasar (Ariari), District Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar through Collector,Sheikhpura.

2. Mines Development Officer, Sheikhpura.

3. Certificate Officer Mines and Mineral, Munger. .... .... Respondent/s =========================================================== Appearance:

For the Petitioner/s : None For the Respondent/s : Mr. Arun Kumar Sinha, AC to GP 24 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 24-08-2018 The present writ petition has been filed against the order dated 08.10.2012 passed by the Collector, Sheikhpura in relation to the Brindawan Plot No. 568 (Part), area two acres cancelling the lease of the petitioner and directing to initiate a certificate case against her; and for quashing the order of the Certificate Officer, Munger issuing notice to the petitioner by letter dated 14.09.2013 passed in Certificate Case No. 6 of 2012-13.

2. None appears on behalf of the petitioner despite repeated calls.

3. A perusal of the averments made in the writ petition discloses that the petitioner was given the land situated in village Brindawan,

Patna High Court CWJC No.25723 of 2013 dt.24-08-2018 Plot No. 568 (Part) in Ariari Police Station measuring an area of two acres for mining lease on 07.02.2007 for a period of five years and the petitioner has deposited Rs. 19,000/- as security money and there was a condition that the petitioner will deposit Rs. 1,96,000/- per year for the period of five years.

4. Learned counsel for the respondent State submits that there is no infirmity in the impugned orders as admittedly the petitioner failed to make payment of certain instalments as required.

5. Having regard to the averments made in the writ petition and the submission of learned counsel for the respondent-State, this Court is of the view that the ends of justice will be met if the petitioner is granted liberty to file objection petition under Section 9 of the PDR Act before the Certificate Officer, Mines and Mineral, Munger (respondent no. 2) within a period of four weeks from today, which if done, shall be disposed of by the Certificate Officer, Mines and Mineral, Munger in accordance with law.

6. The writ petition stands disposed of.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 07.09.2018 Transmission Date NA