Krishna Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17718 of 2024 ====================================================== Krishna Sharma Son of Joginder Sharma @ Jogendar Sharma, Resident of Village- Angya, Post Officer- Mustafabad, Police Station- Goriakothi, District- Siwan. At Presently Residing at Village- Kaliaboda Shikharpur, Post Office- Mahanadi, Vihar, Police Station- Chawliaganj, District- Cuttak (Orissa) 753 003.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary-cum-Mines Commissioner, Department of Mines and Geology, Government of Bihar, Patna.

2.

The Principal Secretary-cum-Mines Commissioner, Department of Mines and Geology, Government of Bihar, Patna.

3.

The Director, Department of Mines and Geology, Government of Bihar, Patna.

4.

The District Collector-cum-Magistrate, Saran, Chapra. 5.

The Superintendent of Police, Saran, Chapra.

6.

The District Mining Officer, Saran, Chapra.

7.

The Mining Development Officer, Saran, Chapra. 8.

The District Transport Officer, Saran,Chapra. 9.

The Circle Officer-cum-Mining Inspector, Nagara, Saran. 10.

The Station House Officer, Khaira Police Station, Saran. 11.

The Motor Vehicle Inspector, Saran, Chapra.

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

For the Petitioner/s :

Mr. Digvijay Pratap Singh, Advocate For the State :

Mr. Sarvesh Kumar, GP-29 For the Mines :

Mr. Naresh Dikshit, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-02-2025 Heard Mr. Digvijay Pratap Singh, learned counsel for the petitioner, Mr. Sarvesh Kumar, learned counsel for the State and Mr. Naresh Dikshit, learned counsel for the Mines Department.

2. Learned counsel for the Mines Department has

Patna High Court CWJC No.17718 of 2024(2) dt.25-02-2025 2/2 filed written objection with regard to maintainability of the writ petition and submits that the petitioner may file a statutory appeal before The Mines Commissioner under Rule 56(A) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2019 as amended in 2021 and raise all the issues as he has raised in the present writ petition.

3. In view of the aforesaid, if the petitioner files the statutory appeal within a period of four weeks, then the appellate authority is directed to disposed of the appeal of the petitioner in accordance with law, after hearing all the concerned and disposed of the same within a period of three months thereafter from the date of production/receipt of copy of this order.

4. With the aforesaid liberty/direction the writ petition stands disposed of.

(Rajesh Kumar Verma, J) Suruchi/- U