HARSH CONSTRUCTION Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned senior counsel for the petitioner and learned Spl.P.P., Mines for the respondents.

(2.) The petitioner has filed the instant writ application for the following relief(s):-

(3.) The case of the petitioner in brief is that the petitioner is a private limited company incorporated under the Companies Act, 1956. Pursuant to the Hon'ble Supreme Court's order dtd. 10/11/2022 passed in Civil Appeal no. 3661-3662 of 2020 permitting the State Government to carry on mining activity, the Bihar State Mining Corporation Limited ( 'the BSMCL' in short) invited bid by e-auction for selection of contractors for operation of sand ghats of different places. This included sand ghat of cluster-33, Banahi sand ghat and Mahuama sand ghat of district Gaya. The petitioner being the highest bidder, earned the right to mine the minor mineral, the total bid amount being Rs.53,92,236.00. In terms of the NIT, the petitioner deposited a total sum of Rs.38,58,216.00 and a post dated cheque for the amount of Rs.17,62,847.00 was also deposited by way of second instalment of the bid amount. It is the case of the petitioner that on completion of the formalities stipulated in the NIT, work order was issued by the BSMCL on 8/12/2021 which clearly provides that the same is valid up to 31/3/2022. The same condition was also provided in paragraph no. 24(XXVIII) of the work order. A mining lease agreement dtd. 21/12/2021 was executed between the BSMCL and the petitioner.