Pankaj Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23768 of 2018 ====================================================== Pankaj Singh Son of Dilip Kumar singh Resident of Village- Jamuhar, P.S., - Dehri, District- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Mines and Geology Department, Patna.

2.

The Director Mines and Geology Department, Patna, 3.

The Assistant Director, Mines and Geology Department, Rohtas at Sasaram. 4.

The Mines Inspector, Mines and Geology Department, Rohtas at Sasaram. 5.

The District Magistrate, Rohtas at Sasaram.

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha, GA-7 Mr. Brij Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner, Mr. Sunil Kumar Singh, learned counsel for the Mines Department, Mr. Brij Tiwary and learned counsel appearing for the State.

2. The petitioner in the present writ application has prayed for issuance of an appropriate writ/directions commanding the respondents to return amount of about Rs.12,55,158/- to petitioner as respondents have failed to issue e-challan and taking other steps for lifting stone dust auctioned in favour of petitioner. The petitioner further prays to make payment 15% per annum interest on aforesaid amount.

3. Learned counsel for the petitioner submits that for

Patna High Court CWJC No.23768 of 2018(4) dt.13-05-2025 2/3 seeking the same relief he had filed a representation before the District Magistrate, Sasaram, Rohtas on 04.05.2018 (Annexure10 Series), but till date the said representation is pending before the District Magistrate, Sasaram, Rohtas and no decision has been taken in the same.

4. Learned counsel for the petitioner submits that he would be satisfied if an appropriate direction is issued to the District Magistrate, Sasaram, Rohtas to dispose of the representation within a fix time frame.

5. To this prayer being made by learned counsel for the petitioner, the respondents-State do not have any objection.

6. In view of the above, the District Magistrate, Sasaram, Rohtas is hereby directed to dispose of the representation of the petitioner dated 04.05.2018 (Annexure-10 Series) within eight weeks from the date production of a copy of this order. The District Magistrate, Sasaram, Rohtas will give an opportunity of hearing to the petitioner. The petitioner can bring on record before the District Magistrate, Sasaram, Rohtas the details of the amount which as per the petitioner, the petitioner is entitled for refund and document in support thereof.

7. After giving an opportunity of hearing to the petitioner and after considering all the materials produced by the

Patna High Court CWJC No.23768 of 2018(4) dt.13-05-2025 3/3 petitioner in support of his claim, the District Magistrate, Sasaram, Rohtas shall dispose of the representation of the petitioner by passing a reasoned and speaking order.

8. With the aforesaid direction, the writ application stand disposed of.

(Alok Kumar Sinha, J) Prakash Narayan U