Shivam Coke Pvt. Ltd. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16629 of 2022 ====================================================== Shivam Coke Pvt. Ltd. A Company registered under the Companies Act, 1956 through its Signing authority namely Prince Kumar Singh, aged about 24 years, Gender- Male, son of Shiv Kumar Singh, resident of Mahadeva, Post Charan, Mahadewa, District- Aurangabad.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat Building, Patna.
2.
The Principal Secretary, Department of Mines and Geology, Government of Bihar, Patna.
3.
The Director Mines-cum- CEO, Bihar State Mining Corporation Ltd., Patna. 4.
The District Magistrate, Rohtas.
5.
The District Mining Officer, Rohtas.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvendra Kumar Verma, Advocate Mr.Jai Vardhan Narayan, Advocate For the State :
Mr.Gyan Prakash Ojha, GA 7 Mr. Uday Shankar Pandey, Advocate For the Mines :
Mr. Naresh Dixit, Advocate Ms. Kalpana, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 22-12-2022 Petitioner has prayed for the following relief(s):- "I. Issuance of directions, orders or writs in the nature of mandamus directing the Respondents to forthwith settle Cluster No. 8 sand ghat situated at Darihat, Rohtas, the petitioner being the successful
2/4 single bidder having participated twice on dated 19.10.2022 and 19.11.2022 in the aforesaid Eauction for settlement of sand ghat published vide notice issued by the District Magistrate, Bhojpur on dated 13.08.2022 and as per Clause 19(vi) of the NIT, the successful single bidder shall be settled the sand ghat after getting approval from the Department but the District Magistrate, Rohtas in utter violation of the rules has not recommended the case of the petitioner before the Department and the petitioner being legally entitled for the settlement of the aforesaid sand ghat in terms of the rules and statutory provisions.
II. Issuance of directions orders or writs in the nature of mandamus directing the respondents to settle the sand ghat Cluster No. 8 in Darihat Rohtas as per Rule 19(vi) of the NIT issued by the Department.
III. Any other relief or reliefs for the petitioner which may be deemed entitle to."
Learned counsel for the parties jointly prayed that the petition be disposed of by taking on record communication dated 12.12.2022.
We notice that the same is already on record and contents thereof are extracted as under:-
3/4 In this view of the matter, as jointly prayed for, we dispose of the present petition reserving liberty to the authorities to take appropriate action in accordance with law. Also, should the petitioner so desire there be any need, it shall be open for the petitioner to take appropriate action
4/4 in accordance with law.
Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( Partha Sarthy, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 24.12.2022 Transmission Date