ROYAL ENTERPRISES Vs. STATE OF BIHAR & ORS

JUDGEMENT

(1.) Petitioner, a proprietorship firm, has filed this writ application for quashing the order dated 31.12.2012 of the Mines Commissioner, as contained in Annexure-6, by which the representation of the petitioner, filed pursuant to the orders of this Court dated 18.12.2012 (Annexure-4) passed in its earlier writ application, has been rejected. Matter relates to settlement of sand ghats by the State Government. As per case of the petitioner, prior to 2007 sand ghats were used to be settled on year to year basis. However, since 2007, system changed and settlements started being made for three years at a time. In 2009, a Notification was issued by the Mines and Geology Department, Govt. of Bihar, vide Annexure-1, in which manner and mode of settlement of sand ghats for three years i.e. for the period 2010-2012 was laid down. According to this procedure, sand ghats of District of Aurangabad and Rohtas settled by auction for a period of three years in terms of the said Notification expired on 31.12.2012. According to the provisions of the said Notification, respondents were required to take steps for fresh settlement of sand ghats through public notice and auction for another three years i.e. for a period from 1.1.2013 to 31.12.2015. Petitioner has placed an example on record in respect of District-Jamui to show that even for short period sand ghats were settled by public notice and auction, vide Annexure-2. However, instead of taking steps for fresh settlement of the sand ghats in terms of the provisions of the said Notification, all the Collectors of the State were informed by the Department through letter no. 3158 dated 30.11.2012 (Annexure-3) that a new Sand Policy was being prepared by a Group of Ministers under the Chairmanship of Deputy Chief Minister which would take some time. Hence, the Group of Ministers in the meeting dated 23.11.2012 had decided that the sand ghats, settlement of which were going to expire on 31.12.2012, were to be managed by the existing settlees for the period 1.1.2013 to 31.3.2013 on deposit of 20% over and above the settlement amount of 2012 subject to compliance of the Bihar Minor Mineral Concession Rules, 1972.

(2.) Petitioner came to this Court challenging the said letter in C.W.J.C. No. 23104 of 2012 on the ground that the said instruction was contrary to Rule 11A(3) of the Minor Mineral Concession Rules and also contrary to the said Notification of the State Government bearing no. 2438 dated 31.12.2009 and some earlier notice dated 19.11.2012. However, this Court did not go into the merits of the challenge by the petitioner to the said letter and disposed of the writ application by order dated 18.12.2012, vide Annexure-4, permitting the petitioner to invite the attention of the State Government through respondent no. 2 by filing a representation raising the submissions the very next day so as to enable the State Government to take appropriate decision in the matter on or before 31.12.2012, if possible.

(3.) Petitioner accordingly filed its representation before respondent no. 2 and the matter was heard on 24th, 26th and 28th of December, 2012 in presence of the petitioner and respondent no. 8, the existing settle. It is pleaded that on 28th of December, 2012 respondent Commissioner asked the petitioner as to whether it was ready to deposit 50% more amount than the settlement amount of the year 2012 or not observing that then only its case could be considered. It is stated that the petitioner became ready and then it was orally asked to submit an affidavit in this regard which it submitted on that very day, vide Annexure-5. However, on 31st of December, 2012 orders were passed by the respondent Commissioner by which representation of the petitioner was rejected, vide impugned order as contained in Annexure-6. It is pleaded in the writ application that the petitioner is ready to deposit 30% more amount than the settlement amount of 2012 on proportionate basis even now for settlement of sand ghats of Aurangabad and Rohtas for these months.