Bharat Ratna Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16605 of 2022 ====================================================== Bharat Ratna Pandey son of Ravi Shankar Pandey, resident of MohallaKatira, Friends Colony, Ara, Police Station- Nawada Ara, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Mines Department, Govt of Bihar, Patna. 3.

The Bihar State Mining Corporation Limited through its Chairman, Vikas Bhawan, Bailey Road, Patna- 800015.

4.

The Chairman, Bihar State Mining Corporation Limited, Vikas Bhawan, Bailey Road, Patna- 800015.

5.

The Director Mines cum Chief Executive Officer, Bihar State Mining Corporation Limited, Vikas Bhawan, Bailey Road, Patna- 800015. 6.

The General Manager, Bihar State Mining Corporation Limited, Vikas Bhawan, Bailey Road, Patna- 800015.

7.

The Administrative Officer, Bihar State Mining Corporation Limited, Vikas Bhawan, Bailey Road, Patna- 800015.

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

For the Petitioner/s :

Mr. Rajendra Narain, Sr. Advocate Mr. Makardhwaj Upadhyay, Advocate For the Respondent/s :

Mrs. Kumari Amrita, GP-3 Mr. Naresh Dikshit, Spl. P.P., Mines ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 07-12-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

2/4

3/4 Shri Rajendra Narayan, learned senior counsel states that similarly situated persons stand granted extension for a period of three months.

Shri Naresh Dikshit, learned Special Public Prosecutor (Mines), states that the question of extension shall be considered and examined by the Director, Mines cum Chief Executive Officer, Bihar State Mining Corporation Limited, Vikas Bhawan, Bailey Road, Patna and appropriate decision taken thereupon within next two weeks.

We clarify that all questions of fact and law are left open for the authority to take a decision thereupon. We are not relegating the petitioner to seek appropriate remedy by way of appeal only for the reason that he alleges discrimination qua other lessees.

The instant petition stands disposed of in the aforesaid terms, reserving liberty to the petitioner to take such remedies as are available, in accordance with law, should the need so arise subsequently.

4/4 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Partha Sarthy, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 08.12.2022 Transmission Date