UDAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the four appeals being LPA Nos. 535, 537, 1003 and 1027 of 2004 arise against the common order dated 7.4.2004 passed in CWJC Nos. 1211 of 2004 and 1213 of 2004 by which the learned single Judge has quashed the order passed by the State Government contained in letter No. 101/M dated 20th January, 2004 issued under the signature of the Deputy Secretary, Mines and Geology Department for holding of the limited reauction for quarry of the three disputed Blocks, namely, Block No. 5-E, 10-J and 3-C situate at villages Amara and Basa of Amara Karbandiya Hills in the district of Rohtas, the resultant effect of which was that the acceptance of the tender in favour of Shree Durga Organisation and another, writ petitioners in CWJC No. 1211 of 2004 and Jai Shankar Construction and another, writ petitioners in CWJC No. 1213 of 2004 for quarry of the aforesaid three Blocks was held to be valid one.

(2.) LPA No. 535 of 2004 filed by the intervenor Uday Kumar Singh and LPA No. 1003 of 2004 filed by the State of Bihar are against the order passed in CWJC No. 1211 of 2004 and LPA No. 537 of 2004 filed by Vijay Kumar Singh and LPA No. 1027 of 2004 filed by the State of Bihar are against the order passed in CWJC No. 1213 of 2004. CWJC No. 1211 of 2004 relates to the controversy with regard to Block No. 5-E and CWJC No. 1213 of 2004 relates to Block No. 10-J and 3-C.

(3.) The matter relates to grant of mining lease of stones which is minor minerals in terms of the provisions of the Bihar Minor Minerals Concession Rules, 1972. Rule 9-A of the said Rules came into force with effect from 24th March, 2001 and it provides inter alia, that notwithstanding anything contained in these rules the Government may by notification in Official Gazette direct that any mineral may be leased out or settled by Public auction/tender in the manner prescribed in Rule 52 and Rule 52 contains detailed procedure for holding auction, it is also an admitted position that the period of lease prescribed in five years and the area of settlement shall not be more than two acres.