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Patna High CourtCWJC/16549/2023disposed

Manoranjan Kumar v. The State Of Bihar

2024-06-25Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16549 of 2023 ====================================================== Manoranjan Kumar son of Nand Kishore Prasad, resident of House No. D-23, Lane No. 3, South Anarkali Som Bazar, Krishna Nagar, East Delhi at present resident of Village- Kanchanpur, P.S.- Katak Masandi, District- Hazaribagh (Jharkhand).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary-Cum- Mines Commissioner, Government of Bihar, Patna.

2.

The Additional Chief Secretary-Cum- Mines Commissioner, Government of Bihar, Patna.

3.

The District Magistrate, Bhojpur at Ara.

4.

The Mines Development Officer, Bhojpur at Ara. 5.

The Mines Inspector, Bhojpur at Ara.

6.

The Officer In- Charge of Koilwar Police Station, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Gyan Prakash Ojha, GA 7 Mr. Abhinav Ashole, AC to GA 7 For Dept. of Mines :

Mr. Naresh Dikshit, Advocate Mr. Brij Bihari Tiwari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner, learned counsel appearing on behalf of Department of Mines as well as learned counsel appearing on behalf of the State.

2. Learned counsel for the petitioner submits that without hearing the petitioner and without giving any opportunity to place his case before the concerned authority, the respondent no. 3 has passed the order dated 26.09.2022.

3. In view of the aforesaid, let the order dated

Patna High Court CWJC No.16549 of 2023(3) dt.25-06-2024 2/2 19.07.2023 be set aside and the matter be remitted back to the respondent no. 3 i.e. District Magistrate, Bhojpur at Ara to consider the case of the petitioner in accordance with law, after giving personal hearing to the petitioner and disposed of the petition of the petitioner within a period of three months from the date of production/receipt of copy of the order.

4. Accordingly, the writ petition is disposed of. (Rajesh Kumar Verma, J) Vanisha/- U