M/S. Sainik Foods Pvt. Ltd. v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15832 of 2017 ====================================================== M/s. Sainik Foods Pvt. Ltd. a registered Company having its registered office at H.I.G.D. 5 Deendayal Nagar, Phase-1. Kanth Road, Muradabad. Uttar Pradesh through its authorized representative Sanjeev Kumar Mishra S/o Narayan Mishra , R/o Village+Post Vajidpur Meyari, Ward no. 11, Vajidpur Meyari, District- Samastipur (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through The Principal Secretary Cum Commissioner , Department of Mines & Govt. of Bihar, Patna.
2. The Director, Department of Mines & Geology, Govt. of Bihar, patna.
3. The District magistrate Cum Collector, Nawadah.
4. The Assistant Director, District Mining Office, Nawadah. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 16616 of 2017 ====================================================== M/s Mahadev Enclave Pvt. Ltd. a registered company having its registered office at B - 37, Ayodhya Marg, Hanuman Nagar, Jaipur, Rajasthan through its authorized representative Dalip Singh S/o Late Ram Singh resident of Village & P.O. Deenwa Ladkhani District - Sikar (Rajasthan). ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary cum Commissioner, Department of Mines & Geology, Govt. of Bihar, Patna.
2. The Director, Department of Mines & Geology, Govt.of Bihar, Patna.
3. The District Magistrate cum Collector, Nawadah.
4. The Assistant Director, District Mining Office, Nawadah. ... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 15832 of 2017) For the Petitioner/s :
Mr. Gautam Kumar Kejriwal Mr. Atal Bihari Pandey Mr. Alok Kumar Jha For the Respondent/s :
Mr. Prashant Pratap,GP-2 For the Mines : Mr. Naresh Dikshit, Special P.P. Mines (In Civil Writ Jurisdiction Case No. 16616 of 2017) For the Petitioner/s :
Mr. Gautam Kumar Kejriwal Mr. Atal Bihari Pandey Mr. Alok Kumar Jha For the Respondent/s :
Mr. G.P.Ojha, GA-7 For the Mines : Mr. Naresh Dikshit, Special P.P. Mines ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
Patna High Court CWJC No.15832 of 2017(5) dt.30-11-2018 2/3 ORAL ORDER 30-11-2018 The present cases are being disposed of with consent of the parties in view of the fact that the petitioner of both the cases do not intend to prosecute their claims any further and merely want refund of security deposit and first installment which they have deposited with the respondents. The learned Special P.P. for the Mines Shri Naresh Dikshit submits that the only two issues which the respondents seek to raise is that the aforesaid prayer of the petitioners can be acceded to in case the petitioners do not participate in the subsequent bids of the sites in question which are subject matter of the present writ petitions.
The learned counsel for the petitioners submits that they are ready to abide by the conditions spelt out by the learned Special P.P. Mines as aforesaid.
In view of the aforesaid, the present writ petitions are disposed of with consent of the parties with a direction to the respondents to refund the security deposit and the first installment deposited by the petitioners since the learned counsel for the petitioners, in both the cases, has undertaken on behalf of the petitioners that they would neither press for grant of interest nor they would participate in the next bid for the sites in question which are the subject matter of the present writ
Patna High Court CWJC No.15832 of 2017(5) dt.30-11-2018 3/3 petitions.
It is needless to state that the aforesaid refund should be made within a period of 12 weeks from today. The writ petitions stand disposed of on the aforesaid terms.
(Mohit Kumar Shah, J) S.Sb/- U