← Library
Patna High CourtCWJC/17171/2022disposed

M/S Siyaram Builder And Engineering Pvt. Ltd. v. The State Of Bihar

2023-06-23Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17139 of 2022 ====================================================== M/s Siyaram Construction through its partner Amit Kumar, Aged about 39 years, S/o- Late Birendra Singh, Resident of- Lakhibagh, P.S.- Muffasil, Manpur, District- Gaya, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary-cum-Commissioner and Mines Geology Department, Bihar, Patna.

2.

The Director Mines-cum-CEO, BSMC, Ltd., Patna. 3.

The Administrative Officer, BSMC, Ltd., Patna. 4.

The Mining Development Officer, Gaya.

5.

The District Transport Officer, Gaya.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 17171 of 2022 ====================================================== M/s Siyaram Builder and Engineering Pvt. Ltd. through its Director Sanjeet Kumar, Gender-Male, Aged about years, S/o Late Lalan Singh, Resident of Lakhibagh, P.S.- Muffasil Manpur, District- Gaya, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary-cum-Commissioner and Mines Geology Department, Bihar, Patna.

2.

The Director Mines-cum-CEO, BSMC, Ltd. Patna. 3.

The Administrative Officer BSMC, Ltd, Patna.

4.

The Mining Development Officer, Gaya.

5.

The District Transport Officer, Gaya.

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

(In Civil Writ Jurisdiction Case No. 17139 of 2022) For the Petitioner/s :

Mr.Shambhu Narayan Singh, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha, GA-7 For the Mines :

Mr. Naresh Dikshit, Advocate Ms. Kalpana, Advocate (In Civil Writ Jurisdiction Case No. 17171 of 2022) For the Petitioner/s :

Mr.Shambhu Narayan Singh, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha, GA-7 For the Mines :

Mr. Naresh Dikshit, Advocate Ms. Kalpana, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

Patna High Court CWJC No.17139 of 2022(6) dt.23-06-2023 2/2 ORAL ORDER 23-06-2023 Heard the parties.

The prayer is for the issuance of an appropriate writ to quash the order dated 26.09.2022 (Annexure-3) passed by respondent No.-2 vide memo No.- 08/BALU-153/22-2020 and further direction to the respondent authorities to stay the effect and operation of order dated 26.09.2022 passed by respondent No.-2 vide memo No.- 08/BALU-153/222020 during the pendency of the writ petition.

Learned counsel for the petitioner submits that this case is squarely covered by the earlier order passed in CWJC No.111 of 2023 (Harsh Construction Vs. The State of Bihar & Ors.) as well as CWJC No.14311 of 2022 (Geeta Enterprises vs. The State of Bihar & Ors.) and batch cases. Learned counsel for the Mines do not dispute the said averment.

Taking into account the aforesaid fact, the two writ petitions are also disposed of in similar terms and conditions. (Rajiv Roy, J) Prakash Narayan /- U